The EU has published draft guidelines for what happens to nuclear materials and nuclear safety after we leave Euratom (HERE). This is just one of hundreds of issues thrown up by Brexit. From the guidelines it appears the EU believe that triggering of Article 50 was the starting gun for leaving both the EU and Euratom, although they are separate legal entities but connected in working under EU law.
The British nuclear industry has "made it crystal clear" that they would prefer to remain a member of Euratom (HERE) but as usual, the government is ignoring this and pressing on regardless, mainly because the ECJ is involved.
Jonathan Leech, senior commercial and nuclear energy lawyer at Prospect Law, told WNN there is no need for the UK to exit Euratom in two years, "with all the harm that may do to the UK nuclear industry". There is an "entirely justifiable alternative", he said.
"The Euratom treaty has a separate exit process that need not be triggered at the same time as triggering exit from the EU. Despite this, the government seems to have simply accepted that the UK must leave Euratom at the same time as leaving the EU. This appears to be driven by political expediency. Remaining in Euratom appears to be a red line, as it would require the UK to continue to accept the jurisdiction of the European Court of Justice in relation to nuclear matters.
"Even if the UK does still ultimately leave Euratom, this is a tactical own goal. The UK will have to negotiate whilst standing on a cliff edge. Once the UK triggers the Euratom equivalent of Article 50, the UK will be excluded from Euratom after two years. Any replacement arrangements would have to be negotiated in the knowledge that the UK has no real choice other than to reach agreement within that period," Leech said
During the Brexit negotiations we will have to negotiate and complete new nuclear agreements with EU member states and third countries including the US, Japan and Canada who have Nuclear Cooperation Agreements within the Euratom framework. Just another job to be done! Is anyone keeping track of everything that is going to change?
