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Energy Union Law

brexit

Podcast

3.10.2018

The Irish Question: Brexit and the I-SEM

Brexit, the Irish Border and the All-island Single Electricity Market in Ireland: Challenges for EU Energy Policy and Cross-jurisdictional Regulatory Governance In this podcast, Dr. […] read more

Electricity

Podcast

17.07.2018

The FSR Director at IIEA | Listen to the podcast presentation from Dublin!

On 16 July 2018, the FSR Director gave a presentation at the Institute of International & European Affairs, Ireland’s leading think tank on European and International affairs. […] read more

Energy Union Law

spider net

Podcast

26.06.2018

Capacity Withdrawals in Electricity Wholesale Markets – Competition & Regulation

In this podcast, Panagiotis Tsangaris, alumnus of the Max Planck Institute for Innovation and Competition, discusses the competition law and regulation issues that arise as […] read more

Energy Union Law

Brexit

Podcast

12.02.2018

Brexit & the Euratom Treaty, by Silke Goldberg

The Euratom Treaty, signed in Rome on 25 March 1957, established the European Atomic Energy Community, alongside the European Economic Community (EEC). Its function is […] read more

Energy Policy

Ensuring competitiveness and integrity of wholesale energy markets: the regulators’ view | Podcast with Clara Poletti

Competitiveness of wholesale energy markets is a fundamental goal of the EU since more than 20 years. Recently, specific pieces of legislation like REMIT have […] read more

Energy Union Law

opal-gas-pipeline

Podcast

15.01.2018

The Opal Gas Pipeline

In this podcast, Szymon Zaręba from the Polish Institute of International Affairs discusses the legislative developments surrounding the controversial Opal gas pipeline. The Opal pipeline […] read more

Electricity

Restructuring the electricity industry in emerging countries

Insights from Thanawadee Jaem On and Nicha Saiped During the Executive Course to master Electricity Markets, the FSR Lights on Women team organised an interview with […] read more

Energy Union Law

Podcast

12.12.2017

Ukraine’s Independent National Energy Regulator

In 2016, Ukraine proposed for the re-establishment of an independent national energy and utilities regulatory body. The Draft Law No 2966-d, “On the National Commission […] read more

Energy Union Law

cross border

Podcast

4.12.2017

The Danish-German Cross-Border Auctions on Solar PV

In this podcast, Dijana Dmitruk, legal advisor of the Danish Energy Agency, discusses the Danish-German cooperation agreement for mutually opened auctions of solar photovoltaics (PVs). […] read more

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Brexit

Brexit & the Euratom Treaty, by Silke Goldberg

- Energy Union Law

The Euratom Treaty, signed in Rome on 25 March 1957, established the European Atomic Energy Community, alongside the European Economic Community (EEC). Its function is to provide a regulatory and cooperative framework which governs the development of nuclear energy and its trade across Europe, a kind of ‘nuclear common market’, which also funds cross-border research and development projects, upholds safety standards and procedures, notifies the potential impact of activities on other Member States, and ensures that nuclear materials are not deployed for military use. Euratom has established nuclear cooperation agreements with third countries, including Canada, Japan, and the USA, and sets out provisions for international compliance with nuclear safeguards. Euratom also reports to the International Atomic Energy Agency (IAEA).

While a separate legal entity from the EU, it is tied to its laws and institutions, and subject to the jurisdiction of the European Court of Justice (ECJ). No country is a full member of Euratom without being a full member of the EU. On 29 March 2017, the triggering of Article 50, signalling the UK’s departure from the EU, also incorporated the UK’s withdrawal from the Euratom Treaty of which they had been members since they joined the EEC in 1973. While legal opinion is divided as to whether exiting the EU also forced an exit from Euratom, as a concomitant requirement of leaving the bloc, Theresa May argued for its inclusion on the grounds of ending the supremacy of EU law over domestic law.

 

  • What are the possible repercussions of exiting the treaty for both the UK and the EU?
  • Given the UK’s commitment to a nuclear future, as evident by the recent investment in Hinkley Point, and the UK’s deep-seated integration in the EU nuclear energy market, how might the UK attempt to establish itself independent of the legislation, regulatory expectations and terms of compliance set out by Euratom?
  • During the European Union (withdrawal) bill debate on 13 December 2017, the Minister of State for Courts and Justice, said that the UK government intended to retain a close association with Euratom. Could associate membership, à la Switzerland and Ukraine, be an option?
  • How would that be reconciled with an absolutist position on ECJ interference?
  • What does it mean for the research projects dependent on funding from Euratom members, such as that at Culham Oxfordshire?
  • Could the UK be sidelined from lucrative nuclear trade agreements with third parties? With replacement provisions yet to be determined, industry warnings suggest that the UK’s exit from Euratom could cause a major disruption to the entire nuclear fuel cycle. In this podcast, Silke Goldberg from Herbert Smith Freehills discusses the UK’s position, the legal terms of their exit, and the potential consequences of their withdrawal.