Communication from the Commission to the Council and the European Parliament - 50 years of the Euratom Treaty {SEC(2007) 347}
Date: 2007-03-20
Institutions: European Commission
Subjects: EAEC Treaty, commemoration

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.3.2007 
COM(2007) 124 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

50 YEARS OF THE EURATOM TREATY 

{SEC(2007) 347} 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

50 YEARS OF THE EURATOM TREATY 

25 March 2007 marks the 50th anniversary of the signing of the Treaties of Rome, the basis of 
the  European  Economic  Community,  now  the  European  Community,  and  the  European 
Atomic  Energy  Community,  often  referred  to  as  Euratom.  This  anniversary  provides  an 
opportunity to consider the main 'Euratom rules' with a view to better future action. 

1. 

INTRODUCTION 

The  European  Atomic  Energy  Community  ("the  Community")  was  created  to  establish  the 
conditions  for  the  development  of  nuclear  energy  in  Europe  by  sharing  resources  (funds, 
knowledge,  materials,  experts,  etc),  protecting  the  general  public  and  associating  other 
countries  and  international  organisations  with  this  work.  The  interest  generated  by  the 
Euratom  Treaty  in  some  States  encouraged  them  to  participate  in  the  wider  project  of  the 
common market, the negotiation of which took place at the same time as that of the Euratom 
Treaty.  

The Community was given a large number of tasks in order to meet its objectives:  

–  to develop research and ensure the dissemination of technical knowledge;  

–  to  establish  uniform  safety  standards  for  the  health  protection  of  the  general  public  and 

workers, and to monitor their application;  

–  to facilitate investment and ensure the establishment of the basic installations necessary for 

the development of nuclear energy in the Community;  

–  to ensure that all users in the Community receive a regular and equitable supply of ores and 

nuclear fuels;  

–  to  make  certain,  by  appropriate  supervision,  that  nuclear  materials  are  not  diverted  to 

purposes other that those for which they are intended;  

–  to exercise the right of ownership conferred upon it with respect to special fissile materials;  

–  to create large markets and access to the best available technical means by establishing a 

common nuclear market;  

–  to establish relations with third countries and international organisations to foster progress 

in the peaceful use of nuclear energy. 

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2. 

EURATOM TREATY LAW 

2.1.  The promotion of research and dissemination of knowledge 

Article 7 of the Euratom Treaty introduced the concept of Community research programmes 
(framework programmes) into Community law. The first programmes are now far behind us. 
the  period  2002-2006  enabled 
The  Sixth  Euratom  Framework  Programme 
EUR 1 230 million 
technological 
to  be 
development, international cooperation, the dissemination and exploitation of knowledge and 
training to ensure safe usage and innovation in the field of nuclear energy and in the medical 
and industrial applications of ionising radiation. 

in  Euratom  Community  research, 

invested 

for 

This programme also partly financed the nuclear activities of the Joint Research Centre (JRC). 
The JRC has its origins in the Euratom Treaty (Article 8). Today it conducts its nuclear and 
non-nuclear  activities  at  seven  research  institutes  situated  in  Germany,  Belgium,  Italy,  the 
Netherlands and Spain. 

The  50th  anniversary  of  the  Euratom  Treaty  will  see  the  start  of  the  Community's  Seventh 
Research  Framework  Programme  (2007-2011),  which  has  a  budget  of  around  EUR  2 750 
million. Just under one-third of this is earmarked for research in the field of nuclear fission, to 
be carried out either by means of a programme of indirect actions or by the JRC, focusing on 
the  safe  exploitation  and  development  of  fission  reactor  systems,  the  management  of 
radioactive  waste,  radiation  protection  and  safety  and  security  related  to  non-proliferation. 
Nearly  two-thirds  will  go  towards  research  in  the  field  of  energy  fusion.  The  importance 
attached  to  fusion  can  be  explained  by  the  fact  that  the  European  Union,  through  the 
Community, is taking part in the International Thermonuclear Experimental Reactor (ITER) 
project developed with China, South Korea, the United States, Japan, India and Russia. This 
follows on from the research which has been carried out by the Community in this field since 
the first Community research programme and which enabled the Joint European Torus (JET, 
Culham) to be set up in 1978, the results of which have been an essential step forward in the 
advances in fusion energy.  

2.2  Protection of the health of workers by basic standards 

A substantial body of Community rules has been developed with regard to health protection 
enabling a high level of protection to be established based on present scientific knowledge, as 
reflected  internationally  in  the  work  of  the  International  Commission  on  Radiological 
Protection, the International Atomic Energy Agency, the Scientific Committee on the Effects 
of Ionising Radiation, the World Health Organisation, the International Labour Organisation 
and the Nuclear Energy Agency of the OECD.  

Produced with the assistance of a group of scientific experts (Article 31), the basic radiation 
protection standards today comprise a coherent set of more than twenty different instruments, 
including  six  directives.  These  lay  down  in  particular  strict  obligations  concerning  the 
authorisation of practices, surveillance of the working conditions and environment of exposed 
workers,  including  radiation  protection,  medical  surveillance,  training  and  information  for 
workers, and concerning the protection of the general public in order to provide surveillance 
of and reduce as far as reasonably possible the effects of such activities on the public.  

The  basic  standards  cover  all  situations  which might  lead  to  exposure  of  the  general  public 
and workers to ionising radiation and deal not only with the main field of the production of 

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nuclear  power  but  also  with  all  other  applications  of  ionising  radiation  in  industry  and 
medicine,  exposure  for  medical  purposes  being  the  main  source  of  exposure  of  the  general 
public to artificial radioactivity. The basic standards take account of the fact that workers and 
the public may be exposed to natural radioactivity in situations which may require action on 
the part of the authorities and employers. 

The protection of the environment has also been an underlying aspect of the Treaty since it 
was  first  adopted,  making  it  in  some  ways  a  pioneer  in  this  field.  It  therefore  requires  the 
Member States to send the Commission general information about any plans for the disposal 
of  radioactive  waste  before  authorising  them  so  that  the  Commission  can  determine  their 
future  impact  on  the  environment  of  other  Member  States.  The  Treaty  also  obliges  them  to 
establish  a  system  for  the  continuous  monitoring  of  the  level  of  radioactivity  in  the 
environment  and  to  send  the  monitoring  data  to  the  Commission.  The  Commission 
systematically checks the operation and efficiency of these national monitoring facilities. The 
results  of  the  monitoring  carried  out  by  the  Member  States,  and  of  the  checks  made  by  the 
Commission, are published. 

Following the Chernobyl accident in 1986, Community provisions were adopted in order to 
lay down requirements for the importation of agricultural products from the region where the 
accident  occurred.  The  Community  is  helping  to  make  the  accident  site  itself  safe,  in 
particular by contributing to the Chernobyl Shelter Fund. It is also providing assistance for the 
people in this area (CORE and ETHOS programmes).  

This  event  also  prompted  a  unanimous  international  response  which  led  to  the  adoption  of 
important  international  agreements  in  the  field  of  nuclear  safety  and  security  to  which  the 
Community is a party. The Community has also strengthened the Community framework for 
action  in  the  event  of  radiological  emergencies  or  nuclear  accidents  by  laying  down  clear 
obligations  for  the  Member  States  and  operators  as  regards  the  establishment  of  emergency 
plans  for  the  Member  States,  localities  and  installations  and  for  information  for  the  general 
public.  A  Community  arrangement  for  the  exchange  of  information  which  operates 
round-the-clock has also been established (ECURIE). 

2.3. The Community perspective on investment in the nuclear sector 

The Euratom Treaty confers on the Community a number of different powers to encourage, 
coordinate  and  focus  national  stakeholders’  investments  in  the  nuclear  field  from  a 
Community perspective.  

To this end, the Commission is required to publish an illustrative nuclear programme for the 
Community (PINC) at regular intervals. This programme must provide guidance in particular 
in  terms  of  the  objectives  of  nuclear  power  production  and  the  investment  involved  in 
achieving  them.  Since  1958,  the  Commission  has  published  four  PINCs.  The  fifth  one  was 
adopted on 10 January 2007 in the framework of the overall package of measures establishing 
a new energy policy for Europe to combat climate change and to strengthen the energy supply 
and  competitiveness  of  the  EU  and  follows  on  from  the  latest  (2006)  Commission  Green 
Paper A European Strategy for Sustainable, Competitive and Secure Energy. 

In addition, companies which have nuclear investment plans are required to notify them to the 
Commission for it to express its opinion on them. More than 200 plans have been submitted to 
the Commission, the most recent of them concerning the replacement of equipment in existing 
installations and the construction of new reactors in Finland and France. 

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Euratom loans, introduced by the Council in 1977, have made it possible to contribute to the 
financing  of  nuclear  power  stations  in  the  EU.  Between  1977  and  1994,  87  loans  were 
granted. They have been repaid in full by the Member States to which they went. Since 1994, 
loans granted have mainly been intended to improve the safety and security and efficiency of 
the  nuclear  power  stations  of  non-member  countries.  Three  loans  have  been  granted,  to 
Bulgaria, Romania and Ukraine. 

The  Euratom  Treaty  also  introduced  into  Community  law  the  "joint  undertaking"  concept. 
Having  their  own  legal  personality,  these  undertakings  are  designed  to  carry  out  specific 
projects  which  are  of  prime  importance  for  the  development  of  the  nuclear  industry  in  the 
Community. Eight joint undertakings were set up between 1961 and 1978, the latest being for 
the construction and operation of JET. It is planned to set up a new joint undertaking to pave 
the  way  for  EU  participation  in  the  ITER  project.  A  joint  undertaking  is  an  instrument  to 
support innovation. It was incorporated into the EC  Treaty by  the Single European Act  and 
today enables the Galileo project to be based on such a structure. 

2.4.  Regular and equitable supplies for all users 

The  Community  is  responsible  for  ensuring  that  all  users  receive  regular  and  equitable 
supplies of ores and nuclear fuels. The monitoring of supply, as provided for in Chapter VI, 
Title II, of the Euratom Treaty, is based on the Euratom Supply Agency, which was designed 
to be the central and sole supplier of nuclear materials in the Community in order to channel 
and balance supply and demand.  

The  Agency  has  its  own  legal  personality  and  financial  autonomy  and  is  supervised  by  the 
Commission. It is assisted by an advisory committee made up of stakeholders in the nuclear 
materials market. To fulfil its function, it chiefly has a right of option which it may exercise to 
acquire  any  ore,  source  material  or  special  fissile  material produced  in  a  Member  State  and 
the exclusive right to conclude contracts on the supply of such materials whether from within 
or  outside  the  Community.  Therefore,  in  order  to  be  valid  under  Community  law  such 
contracts must be approved by the Agency. 

The  Agency  also  plays  a  practical  role  in  particular  by  supporting  Community  companies 
during  negotiations  with  undertakings  in  third  countries  and  by  publishing  reference  data. 
Moreover, the surplus of nuclear materials on the world market at very low prices in the early 
1990s  created  by  the  opening  up  of  the  former  Soviet  area  prompted  the  Agency,  with  the 
support  of  the  Court  of  Justice,  to  refuse  to  approve  contacts  considered  contrary  to  the 
common supply policy. That policy provides in particular for the geographical diversification 
of supply sources and is intended to avoid the EU being dependent on a single supply source.  

2.5.  Safeguarding the peaceful use of nuclear materials 

Euratom safeguards (Chapter VII, Title II of the Treaty) are designed to ensure that the ores, 
source  materials  and  special  fissile  materials  are  not  diverted  from  their  intended  uses  as 
declared  by  the  users  and  that  the  provisions  relating  to  supply  and  any  particular 
safeguarding  obligations  assumed  by  the  Community  under  an  agreement  concluded  with  a 
third State or an international organisation are complied with. The Commission has the power 
to  exert  this  control  and  the  obligation  to  do  so,  which  it  has  honoured  for  50  years.  The 
safeguards  apply  to  all  nuclear  materials  within  the  territory  of  the  Community  from  the 
moment they are extracted or imported.  

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The Commission has ensured that operators fulfil their obligations under the Treaty itself and 
the  successive  implementing  regulations.  The  most  recent  such  regulation  was  adopted  in 
2005 and the adjustments made to it are intended to take account of EU enlargement, changes 
in nuclear industry technology and information technology as well as legislative changes.  

A  body  of  inspectors  was  quickly  set  up  (1960).  In  2006,  it  had  180  members.  The  Treaty 
guarantees  them  access  at  all  times  to  all  places  and  data  and  to  persons  who,  by  reason  of 
their occupation, deal with materials, equipment or installations subject to the safeguards. The 
Community’s nuclear installations are periodically inspected.  

The  Commission  has  also  made  use  of  the  coercive  instruments  provided  for  in  the  Treaty 
where infringements have been detected in this field by bringing proceedings directly against 
the Member State concerned for failure to fulfil an obligation (Article 141), by means of the 
ad  hoc  procedure  provided  for  in  Article  82  (one  case)  and  by  taking  one  of  the  measures 
provided  for  in  the  Treaty  directly  against  operators  (Article  83),  such  as  issuing  a  warning 
(seven cases) or placing the undertaking under temporary administration (one case).  

In the framework of the Non-Proliferation Treaty of 1 July 1968, tripartite agreements have 
been  signed,  on  the  one  hand,  between  the  Member  States  which  do  not  possess  nuclear 
weapons,  Euratom  and  the  International  Atomic  Energy  Agency  (IAEA)  and,  on  the  other, 
between  each  of  the  two  EU  Member  States  which  do  have  nuclear  weapons  and  the  same 
organisations. These three tripartite agreements make it possible to coordinate Euratom’s role 
in  this  field  with  that  granted  to  the  IAEA  under  the  Non-Proliferation  Treaty.  These 
agreements were amended and reinforced by additional protocols in 1998. 

2.6.  International relations 

The Community has been designed as an organisation open to the world mandated to establish 
with other countries and international organisations "such relations as will foster progress in 
the peaceful uses of nuclear energy" (Article 2).  

The history of the application of Chapter X, Title II, of the Euratom Treaty is such that the 
Community’s  international  relations  can  be  likened  to  a  mirror  image  of  the  changes  which 
have  occurred  in  the  way  the  Euratom  Treaty  has  been  applied  as  a  whole,  beginning  with 
research into technological development, which was followed by commercial expansion and 
then international cooperation in all competence areas, in particular in the fields of innovation, 
nuclear safety and security, radiation protection and non-proliferation. 

Thus, the Community has signed cooperation agreements on peaceful uses of nuclear energy 
with a large number of third countries, including the main suppliers in this field: the United 
States of America, Canada, Australia, Argentina, Uzbekistan, Ukraine, Japan and Kazakhstan. 
Preparation  are  being  made  for  negotiations  with  Russia.  Research  agreements  have  been 
signed with Russia, Ukraine, Kazakhstan and the USA. 

The  Community  has  also  given  its  firm  commitment  at  international  level  by  becoming  a 
party to the main international agreements in the nuclear field: the Convention on the Physical 
Protection  of  Nuclear  Materials  (1991),  the  Convention  on  Nuclear  Safety  (2000),  the  Joint 
Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste 
Management  (2006),  the  Convention  on  Early  Notification  of  a  Nuclear  Accident  and  the 
Convention  on  Assistance  in  the  case  of  a  Nuclear  Accident  or  Radiological  Emergency 
(2006). 

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Safety  and  security  within  the  EU  are  also  dependent  on  safety  and  security  beyond  its 
borders. The launch of a dialogue with the countries of the former Soviet zone on the safety 
and  security  of  their  nuclear  installations  has  formed  the  basis  of  intense  international 
cooperation  with  a  view  to  improving  nuclear  safety  and  security  throughout  the  world  by 
both  regulatory  and  technical  means.  In  the  EU,  this  has  led  to  technical  assistance  and 
cooperation  programmes  with  the  central  and  eastern  European  countries  and  the  new 
independent  States  (Phare  and  Tacis)  based  on  the  EC  Treaty.  The  Euratom  Treaty  should 
form  the  legal  basis  for  the  instrument  to  provide  assistance  on  nuclear  safety  and  security 
which  will  follow  the  Tacis  programme,  which  made  the  greatest  contribution  to  the 
improvement of nuclear safety and security in the ex-Soviet States. 

Since 2003, the Community has been participating in the Generation IV International Forum 
(GIF)  and  it  recently  concluded  the  International  Framework  Agreement  for  International 
Collaboration  on Research  and Development of Generation  IV  Nuclear Energy Systems.  Its 
accession  to  the  Multilateral  Nuclear  Environmental  Programme  in  the  Russian  Federation 
(MNEPR) is in hand. 

Lastly,  the  Community,  represented  by  the  Commission,  while  preserving  all  its  specific 
characteristics, maintains cooperation ties at different levels with the specialised agencies of 
the United Nations, the Council of Europe and the OECD, organisations which are explicitly 
referred to in the Treaty. Since its inception, and in particular since 1975, the Community has 
cooperated with the IAEA. Their ties will become closer in the new global context in which 
the  use  of  nuclear  energy  calls  for  parallel  efforts  in  terms  of  safety,  security  and 
non-proliferation. 

3. 

CONCLUSION AND PROSPECTS  

The results of the activities conducted for 50 years under the auspices of the Euratom Treaty 
can  be  regarded  as  extremely  positive.  The  Treaty  has  enabled  the  Community  to  carry  out 
important activities in a strategic sector, in particular in terms of energy supply for the EU. It 
is recognised as having made significant achievements in the field of research, the protection 
of health, safeguarding the peaceful use of nuclear materials and international relations. 

Thanks to the Euratom Treaty, the Community is contributing to scientific progress through 
its support for research and innovation. It ensures the application of high radiation protection 
standards for the public and accompanies new initiatives in the nuclear field. It provides an 
overall  approach  to  investments  in  this  sector.  It  ensures  regular  and  equitable  supplies  for 
users  of  nuclear  materials  in  the  Community  and  strictly  safeguards  the  peaceful  use  of 
nuclear materials. It has become an international player in this sector. 

The  Euratom  Treaty  has  formed  the  basis  of  Community  activities  relating  to  the  nuclear 
power  cycle  as  well  as  of  other  activities  which  use  radioactive  substances  for  research, 
industrial and medical purposes (research, radiation protection rules, etc). Euratom rules are 
therefore a factor in the everyday lives of the citizens of all the Member States. 

Since  1957,  the  institutional  and  procedural  aspects  of  the  Euratom  Treaty  have  been 
amended in line with changes made to the Communities, following European Union, and the 
various  enlargements,  even  though  more  ambitious  proposals  for  review  of  the  Euratom 
Treaty  have  been  made,  in  particular  by  the  Commission.  The  Community  has  nonetheless 
been  incorporated  into  the  development  of  the  EU  and  constitutes  part  of  its  first  pillar. 
However,  since  the  provisions  of  the  Treaty  entered  into  force,  the  political,  economic  and 

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technological context in which they have been applied has continually evolved, creating new 
challenges and facilitating, but sometimes hampering, Community action. This explains why 
some  provisions  have  only  been  partially  applied.  By  way  of  example,  the  Euratom  Supply 
Agency, which has been operating since 1960, has had to adapt its powers in the appropriate 
manner.  

In  this  regard,  the  Commission  has  played  a  leading  role,  inasmuch  as  its  powers  have 
allowed, to propose and ensure that the Treaty's resources have been applied since 1 January 
1958  in  accordance  with  the  needs  of,  and  the  situation  in,  the  EU.  In  this  effort,  the 
Commission  has  been  supported  on  numerous  occasions  by  the  judgments  of  the  Court  of 
Justice of the European Communities. The Commission has reacted in a particularly intensive 
manner during the last few years, for example,  by proposing to supplement the Community 
legal framework for the safety and security of nuclear activities ("nuclear package") which the 
failure  to  secure  a  qualified  majority  in  the  Council  always  prevented  from  being  adopted. 
The  need  for  such  a  common  framework,  as  stressed  in  the  Court  of  Justice’s  judgment  of 
10 December 2002  in  Case  C-29/99,  was  clearly  highlighted  during  the  latest  EU 
enlargement, where nuclear safety and security was an issue on the agenda of the negotiations 
and  led  to  commitments  being  given  for  the  decommissioning  of  several  reactors  with 
substantial financial support from the Community. 

The longevity of the initial provisions of the Euratom Treaty shows how up-to-date several of 
them still are. Well after 1957, they inspired or anticipated the development of other fields of 
Community  law,  such  as  the  provisions  of  the  EC  Treaty  on  research  and  technological 
development  (framework  programmes,  joint  undertakings,  etc).  Similarly,  even  if  the 
institution of university status provided for in the Euratom Treaty (Article 9) has not yet been 
established as such, the Commission has been the driving force behind the development of the 
European  Nuclear  Education  Network  (ENEN).  A  qualification  as  European  Master  of 
Science  in  Nuclear  Engineering  is  now  available.  With  the  Commission  now  proposing  a 
regulation for the establishment of a European Institute of Technology on the basis of the EC 
Treaty, many lessons can be drawn from this experience in the nuclear field.  

The Euratom inspections carried out since 1960 paved the way for Community inspectorates 
in  other  fields  (air  safety,  maritime  safety,  etc).  The  provisions  which  permit  Community 
surveillance  of  environmental  radioactivity  and  recognise  the  parallel  between  the 
Community’s internal and external powers (Article 101) also bear witness to this. 

In  1957,  expertise  in  nuclear  technology  was  regarded  as  a  key  factor  in  creating  the 
conditions  for  peace  and  sustainable  prosperity  in  a  Europe  which  was  being  rebuilt  and  a 
world which was marked by the Cold War. In particular it allayed fear of an energy shortage 
at a time when coal production was in decline and oil consumption was increasing. This fear 
was heightened by the Suez crisis. Countries wanted to minimise their dependence on external 
conventional energy sources but also their technological dependence on more advanced third 
countries.  These  concerns,  expressed  in  different  terms,  also  have  resonance  at  the  present 
time. 

The ongoing debate on the definition of European energy policy centred on competitiveness, 
security  of  supply  and  environmental  concerns  provides  an  opportunity  to  consider  future 
Euratom action. Today, nuclear energy is a reality within the EU and elsewhere. The present 
race to secure energy resources presents new challenges for this energy source. The Euratom 
Treaty contains the main provisions which enable the EU to act in this field. Imperfect as it is, 
the EU, the Member States and the public need it.  

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In future, the application of the Euratom Treaty must continue to focus on nuclear safety and 
security. Recent enlargements have strengthened the diversity of the EU landscape in the field 
of nuclear energy and the need for Community action, as shown by the PINC adopted on 10 
January  2007,  in  particular  to  ensure  the  protection  of  health  and  the  environment  and  to 
avoid  any  malicious  use  of  nuclear  materials.  Using  the  resources  provided  by  the  Euratom 
Treaty in this respect benefits all the Member States.  

Similarly,  the  safety  and  security  of  nuclear  installations  and  protection  against  ionising 
radiation in third countries are also very important issues. A new instrument for international 
cooperation in this field, based entirely on the Euratom Treaty, will soon be applicable. 

The  Commission  would  stress  that  it  is  important  to  maintain  a  technological  lead  in  the 
nuclear  field  and  supports  the  development  of  the  most  advanced  framework  in  this  area, 
including  in  the  fields  of  the  safety  and  security  of  existing  and  future  installations,  non-
proliferation,  waste  management  and  decommissioning.  The  Community  will  therefore  be 
required to continue providing help to support the development of the nuclear industry and to 
guarantee compliance with the highest radiation protection, safety and security standards for 
all uses of radioactivity in order to help raise the standard of living and increase the quality of 
life of people in the EU, whatever forms of energy individual States may choose, as well as 
beyond the EU's frontiers in collaboration with third countries and international organisations. 

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