Communication from the Commission to the Council on enhancing the status of the European Atomic Energy Community at the International Atomic Energy Agency {SEC(2006)341}
Date: 2006-03-16
Institutions: European Commission
Subjects: EAEC, International Atomic Energy Agency, nuclear energy, the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2006 
COM(2006) 121 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on enhancing the status of the European Atomic Energy Community at the 
International Atomic Energy Agency 

{SEC(2006)341} 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on enhancing the status of the European Atomic Energy Community at the 
International Atomic Energy Agency 

1. 

Introduction 

The  European  Atomic  Energy  Community  (Euratom,  hereinafter  “the  Community”)  has  the 
status  of  observer  at  the  International  Atomic  Energy  Agency  (IAEA1),  the  United  Nations 
(UN)  agency  entrusted  with  promoting  the  safe,  secure  and  peaceful  use  of  nuclear 
technologies. At present, membership of the IAEA is restricted to States2.  

The status of observer limits Euratom’s influence and visibility within the IAEA. This is not 
commensurate with the Community’s competence in the Agency’s field  of activities and  its 
legitimate  right to  exercise them on  the international  scene, as recognised repeatedly by  the 
Court of Justice of the European Communities. 

The above situation calls for action to enhance the status of Euratom at the IAEA, which is 
the object of this Communication. It is premature at this stage to determine the exact nature of 
such an enhanced status, although Euratom membership in the IAEA is clearly an option to be 
pursued. 

2. 

Community competences under the Euratom Treaty 

According to Article 1 of the Euratom Treaty (hereinafter “the Treaty”), the main task of the 
Community, created in 1957, is “to contribute to the raising of the standards of living in the 
Member  States  and  to  the  development  of  relations  with  other  countries  by  creating  the 
conditions  necessary  for  the  speedy  establishment  and  growth  of  nuclear  industries”.  To 
accomplish  this  task,  the  Community  was  given  sovereign  rights,  which  the  Member  States 
transferred to it by signing the Treaty, in the following main areas: research, health and safety 
(protection of workers and the population against the dangers of ionising radiation), supply of 
raw materials, nuclear safeguards, and external relations. 

The  provisions  of  the  Treaty  enabled  the  development  and  implementation  of  an  important 
body of laws, which outline the national rules required in this sector, as detailed in Annex 4. 

The Commission is responsible3 for the promotion and co-ordination of nuclear research in 
the  Community  in  order  to  prevent  unnecessary  duplication.  The  Commission  may  provide 
financial  assistance;  supply  materials;  provide  installations,  equipment  or  expert  assistance; 
and  promote  joint  financing.  The  successive  Euratom  Framework  Programmes  for  research 
activities  have  provided  substantial  funding  to  promote  civil  nuclear  research.  Nowadays, 
research  focuses  on  thermonuclear  fusion  technology  and  on  nuclear  safety  and  security, 
including environmental issues such as waste management or radiation protection. The Sixth 
Euratom Framework Programme covering the period 2002-2006 has a total financial envelope 
of EUR 1,230 million, of which  EUR 750 million is allocated to fusion energy research. In 

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A brief description of IAEA and its tasks is given in Annex 3 
There are 139 Member States as of January 2006, including all the 25 Member States of Euratom. 
Chapter 1of the Treaty 

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April 2005, the Commission adopted a proposal for Seventh Euratom Framework Programme 
covering the period 2007-2011 (possible prolongation till 2013) embracing an overall amount 
of  EUR  3092  million  (EUR  2159  million  on  fusion  energy  research,  EUR  394  million  for 
nuclear fission and radiation protection and EUR 539 million on the nuclear activities of the 
Joint Research Centre). 

The radiation protection provisions4 of the Treaty require the establishment of basic safety 
standards for the protection of the health of workers and the general public against the dangers 
arising from ionising radiation to be laid down5. These have been supplemented by more than 
20  individual  pieces  of  legislation  covering  different  aspects  such  as  medical  exposures, 
operational protection of outside workers, shipments of radioactive substances and radioactive 
waste, radioactivity in foodstuffs, and radiological emergencies. 

In the near future, Community legislation is to be further supplemented by the establishment 
of a Community framework in the field of nuclear safety and the management of radioactive 
waste. In its decision of 10 December 2002 the Court of Justice of the European Communities 
explicitly recognised the Community’s power to legislate in the field of nuclear safety under 
the  Treaty.  Consequently,  in  January  2003,  the  Commission  adopted  two  proposals  for 
Directives  dealing  respectively  with  the  safety  of  nuclear  facilities  and  the  management  of 
spent fuel and radioactive waste6. 

As  regards  supply7,  the  Euratom  Supply  Agency  has  the  right  of  option  on  ores,  source 
materials and special fissile materials produced in the territories of the Member States as well 
as  an  exclusive  right  to  conclude  contracts  relating  to  the  supply  of  nuclear  materials  both 
from  inside  and  from  outside  the  Community.  The  objective  is  to  ensure  equal  access  to 
nuclear materials for all users in the Community. 

In  the  field  of  nuclear  safeguards8,  the  implementing  Regulation  adopted  in  1976  was 
recently replaced by a revised regulation9. Safeguards under the Treaty are co-ordinated with 
the  safeguards  system  applied  by  the  IAEA  under  three  trilateral  agreements  concluded 
between  the  Member  States,  the  Community  and  the  IAEA.  Additional  protocols  to  these 
agreements, signed by the Member States and the Community in 1998, have been ratified by 
all the Member States and entered into force. For the new Member States that acceded to the 
Euratom Community in 2004, the folding-in to the Safeguards Agreements and the Additional 
Protocols are on the way. 

3. 

The case for an enhanced status of Euratom at the IAEA 

The  Community  has  clear  external  competences  in  the  above-mentioned  areas.  Under 
Article  2(h)  of  the  Treaty,  in  order  to  perform  its  tasks,  the  Community  has  to  establish 
relations with third countries and international organisations to foster progress in the peaceful 
use of nuclear energy. To this end, the Community may, within the limits of its powers and 

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Chapter 3of the Treaty 
For a full list of legislation see Annex 4 
COM/2003/0032 final, the Commission adopted amended proposals in 2004 (COM(2004)526) 
Chapter 6 of the Treaty 
Chapter 7of the Treaty 
Commission  Regulation  (Euratom)  No  302/2005  of  8  February  2005  on  the  application  of  Euratom 
Safeguards 

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jurisdiction, enter into obligations by concluding agreements or contracts with a third State, an 
international organisation or a national of a third State (Article 101 of the Treaty). 

The  Community’s  external  competences  have  been  confirmed  by  case  law.  In  1978,  in 
relation to the planned accession of the Community to the Physical Protection Convention, the 
Court  of  Justice  of  the  European  Communities  examined  the  Community’s  external 
competences10. Referring to its case law on external competences, the Court noted that as the 
Community  develops  common  internal  rules  it  also  acquires  authority  over  external 
negotiations which might affect these common rules11. The Court of Justice also declared that 
if  the  Community  has  the  internal  competence  to  achieve  a  specific  objective,  it  implicitly 
holds the exclusive external competence on that subject insofar as such an external exercise is 
necessary to achieve that objective12. Recently, concerning the accession of the Community to 
the Convention on Nuclear Safety, the opinion of Advocate General Jacobs, on the basis of 
which  the  Court  gave  its  Judgment  on  10  December  2002,  confirmed  that:  “Under  Article 
101(1) of the Treaty the Community may conclude international agreements ‘within the limits 
of its powers and jurisdiction’. Euratom’s external competence therefore has the same scope 
as  its  internal  competence  or,  in  other  words,  it  has  the  power  to  enter  into  international 
agreements on all the matters on which it is entitled to act internally”13. 

IAEA  activities  mainly  concern  areas  of  Community  competence.  This  shared 
involvement  in  nuclear  issues  is  also  reflected  by  the  fact  that  recommendations,  treaties, 
conventions and agreements developed by the IAEA support the relevant policies developed 
by the Community.  

Under the terms of the Cooperation Agreement between the Community and the IAEA signed 
in Vienna, which entered into force on 1 January 197614, the Community is represented as an 
observer with the right to speak at the regular annual sessions of the General Conference of 
the IAEA and the Board of Governors, where Commission representatives may participate in 
the  deliberations  on 
the  Community.  However,  Community 
representatives  may  only  make  a  statement  after  all  States  have  taken  the  floor  and  cannot 
submit  proposals  or  amendments.  The  Community  does  not  have  the  right  to  vote,  even  on 
matters on which it has exclusive or shared competence.  

interest  for 

items  of 

As  the  Community  alone,  when  it  has  exclusive  competence,  or,  together  with  the  Member 
States, when competences are shared, is in a position to assume and carry out obligations vis-
à-vis  third  countries  and  international  organisations  affecting  Community’s  sphere  of 
competences, it should be allowed to represent fully the Community at the IAEA. Moreover, 
the  Community  ought  to  be  in  the  position  to  make  proposals  during  negotiations  of 
international conventions relevant to its competences under the Treaty. 

There is therefore an obvious disparity between the competences of the Community and 
the  status  which  the  Community  is  accorded  in  the  IAEA,  which  impedes  the  effective 

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Ruling of the Court of 14 November 1978, Ruling 1/78. 
Case 22/70 of 31.03.1971, Commission v Council, ECR 1971, page 263 - AETR. 
Opinion  1/76  of  26.04.1977,  Draft  Agreement  establishing  a  European  laying-up  fund  for  inland 
waterway vessels, ECR 1977, page 741. 
Opinion of Advocate General Jacobs delivered on 13 December 2001, Case C-29/99. European Court 
reports 2002, p. I-11221. 
OJ L 329, 23/12/1975, p. 28. 

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exercise of such competences. It is thus fully justified to seek to enhance Euratom’s status at 
the Agency, aiming at full membership. 

One  of  the  important  tasks  of  the  Community  under  the  Treaty  is  to  adopt  and  implement 
safety standards for the protection of the health of the general public and workers in the field 
of radiation protection and nuclear safety. The IAEA has the same task. It is natural that the 
Community  should  speak  with  a  single  voice  in  the  IAEA,  in  order  to  ensure  a  more 
streamlined  and  coherent  approach  and  to  involve  the  Community  in  the  developments  of 
these standards. 

Furthermore,  the  Euratom  safeguards  system  is  co-ordinated  with  the  safeguards  system 
applied by the IAEA, which is based on the trilateral agreements in line with Article 77 of the 
Treaty.  This  is  a  field  where  competence  rests  solely  with  the  Community  and  where  a 
stronger role is needed vis-à-vis the IAEA15. 

An  enhanced  status  of  the  Community  at  the  IAEA  would  benefit  Euratom  Member  States, 
since their voice, harmonised at Community level, would have even greater influence in the 
development of IAEA recommendations and standards. 

As  a  consequence  of  the  enhanced  status,  third  countries  would  be  able  to  negotiate  with  a 
single  body  representing  all  the  Euratom  Member  States  having  a  unique  nearly  50  years 
expertise  in  those  matters  where  responsibility  has  been  transferred  to  the  Community.  For 
example,  the  cooperation  in  the  field  of  safeguards,  where  the  Community  has  been  given 
exclusive competence, has demonstrated that Euratom’s expertise represents an added value 
for both third countries and for the IAEA. Conversely, Euratom will be able to put forward 
the position of its Member States in matters of its exclusive competence.  

4. 

The process for enhancing the status of Euratom at the IAEA 

Changing the status of Euratom at the IAEA is in itself a complex endeavour for at least two 
reasons: a) it affects Member States, particularly where this would entail a transfer of voting 
rights in the IAEA to Euratom; b) it would require an amendment of the IAEA Statute, which 
will need lengthy procedural and substantive discussions within the IAEA. 

The  above  difficulties  are  compounded  by  the  fact  that  the  Member  States  and  third  States 
will not evaluate the request for enhanced Euratom status simply on its own merits, but in the 
wider  context  of  the  European  Communities  (EC)  status  in  the  various  organisations  and 
bodies of the UN system.  

It  is,  nevertheless,  a  longstanding  Commission  objective  to  upgrade  the  EC  status  from  the 
current  one  of  observer  in  various  organisations  and  bodies  of  the  UN  system  on  a  case  by 
case  basis,  where  Community  competences  so  warrant.  In  various  instances  this  policy  has 
proven  successful.  In  particular,  full  membership  of  the  Food  and  Agriculture  Organisation 
(FAO) and the Codex Alimentarius has been obtained, while the status of full participant has 
been granted in the Commission for Sustainable Development. 

The Commission is also cognizant of the fact that, despite the largely technical aspects of the 
IAEA’s work, the Agency is also a forum for addressing highly sensitive political and security 

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Experience shows that the IAEA is much more willing to take the view of the Community into account 
if it is presented by the Commission than if the arguments are only presented by the Member States. 

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questions.  This  may  be  the  case  when  discussion  extends  to  non-proliferation  aspects,  as  in 
the  recent  Board  of  Governors  resolution  on  Iran16.  At  present,  issues  such  as  non- 
proliferation are treated as “second pillar” issues, where it is the national responsibility rather 
than the Community rule that take precedence. In this sense, it is important to stress that the 
Community is seeking an enhanced status limited to those areas of IAEA activity which, as 
indicated above, belong to Community competence.  

Given the political nature of the process of enhancing the Community’s status at the IAEA, 
entailing complex and lengthy discussions between the Commission and EU Member States 
as well as with the IAEA and its membership, the following two-step approach is proposed: 

– 

– 

first, the Commission should engage in consultations with EU Member States within 
the  Council  as  well  as  with  the  IAEA  and  its  members,  allowing  for  the  necessary 
exploratory and explanatory contacts and outreach activities in the light of the above 
considerations; 

second,  on  the  basis  of  these  consultations,  the  Commission  should  submit  to  the 
Council  a  proposal  for  negotiating  directives  for  the  purpose  of  (a)  negotiating  an 
enhanced status of Euratom at the IAEA; (b) requesting the appropriate amendment 
of the IAEA Statute.  

5. 

Conclusions 

The  Community  observer  status  in  the  IAEA  gives  rise  to  the  problems  and  shortcomings 
described  in  the  previous  sections.  A  stronger  Community  role  has  become  necessary  to 
guarantee  the  consistency  and  effectiveness  of  the  Community  position.  Given  the 
Community  powers  in  the  nuclear  field,  an  enhanced  status  in  the  IAEA  is  justified. 
Community membership of the Agency remains the ultimate goal. 

In  this  respect,  the  Community  is  seeking  to  be,  in  matters  of  its  competence,  on  an  equal 
footing with States that are members of the IAEA, to: 

a) 

b) 

c) 

express its views during negotiations, or at any meeting of the IAEA bodies, 

vote on behalf of its Member States on matters of Community competence, 

express  consent  on  its  own  behalf  to  assume  the  rights  and  obligations  stemming 
from the instruments concluded under the auspices of the IAEA. 

In the light of the above, the Commission asks that the Council gives its endorsement to 
the opening of initial consultations by the Commission with the IAEA with the aim to: 

a) 

b) 

explore ways of enhancing the status of the Community in the IAEA, 

identify  all  the  changes  needed  in  the  IAEA  Statute  and  other  internal  rules 
necessary to this end. 

The Commission will regularly report back to the Council on the progress of the talks. 
Once a satisfactory solution is found, the Commission will ask the Council for a mandate 

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Resolution GOV/2005/77, 24 September 2005. 

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to  negotiate  a  new  status  with  the  IAEA  as  well  as  the  necessary  amendment  to  the 
latter’s Statute. 

6. 

Annex 

the 
Commission  Staff  Working  Document.  Annexes  for 
Commission  to  the  Council  on  enhancing  the  status  of  the  European  Atomic  Energy 
Community at the International Atomic Energy Agency. 

the  Communication  from 

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