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Commission of the European Communities, applicant, v. United Kingdom of Great Britain and Northern Ireland, defendant

Country/Territory
European Union, United Kingdom
Type of court
International court
Date
Apr 12, 2005
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Skouris, V.
Jann, P.
Timmermans, C., W., A.
Rosas, A.
Silva de Lapuerta, R.
Borg Barthet, A.
Colneric, N.
von Bahr, S.
Cunha Rodrigues, J., N.
Kuris, P.
Juhasz, E.
Arestis, G.
Ilesic, M.
Reference number
Case C-61/03
Language
English
Subject
Waste & hazardous substances
Keyword
Nuclear energy Hazardous substances International agreement-text International agreement-implementation Military activities
Abstract
By its application the Commission of the European Communities sought a declaration that, by failing to provide general data relating to a plan for the disposal of radioactive waste associated with the decommissioning of the Jason reactor at Royal Naval College, Greenwich, the United Kingdom of Great Britain and Northern Ireland had failed to fulfill its obligations under Article 37 EA. The Jason reactor was operated by the United Kingdom Ministry of Defence at Royal Naval College, Greenwich, from 1962 to 1996. It was used to train personnel and for research in support of the nuclear propulsion programme implemented by the United Kingdom Government for the nuclear submarines of the Royal Navy. The Commission submitted that Article 37 EA applied to disposal of radioactive waste from both civil and military installations. It argued, essentially, that that provision aimed to prevent any risk of radioactive contamination of another Member State and that, since the protection of the general public against the dangers arising from ionizing radiations was an indivisible objective, it had to be extend to all sources of danger including those resulting from the decommissioning of military installations, such as the Jason reactor. The United Kingdom replied that Article 37 EA could not apply to the disposal of radioactive waste from military installations since the Treaty itself covered only the civil uses of nuclear energy. The Court was of the view that the signatories of the Treaty, by referring in the preamble thereto to the advancement of the cause of peace, the applications of the nuclear industry contributing to the prosperity of their peoples and the peaceful development of atomic energy, intended to emphasize the non-military character of that Treaty and the supremacy of the aim of promoting the use of nuclear energy for peaceful purposes. The main objection to the argument that the EAEC Treaty could also apply to military uses of nuclear energy was the fact that, unlike the EC Treaty which was signed on the same day as the EAEC Treaty and by the same States, the EAEC Treaty did not contain any derogating provisions specifically intended to safeguard the national defense interests of the Member States. Consequently, the absence in the Treaty of any such derogation led to the conclusion that activities falling within the military sphere were outside the scope of that Treaty. Thus, it was held that Article 37 EA did not impose on the United Kingdom the obligation to provide the Commission with general data relating to the plan for the disposal of radioactive waste associated with the decommissioning of the Jason reactor and, therefore, the Commission’s application was dismissed.
Link to abstract
Comission of the European Communities v. Great Britain C_61_03.pdf
Full text
Comission of the European Communities v. Great Britain C_61_03.pdf
Website
curia.europa.eu