Inderscience Publishers

Euratom powers in the field of nuclear liability revisited

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In order to analyse the situation regarding nuclear liability in the European Union, we define this as a 'patchwork'. This paper aims to identify the provisions of the Euratom Treaty that enable the Community to become involved in matters of nuclear liability. It also points out those discussions concerning the Euratom powers in areas of nuclear liability were already a reality in the early 1960s, in the years following signing of the Euratom Treaty. Two (non-binding) Euratom recommendations are discussed, dealing with matters of nuclear liability and their relation to the international nuclear liability conventions, as well as Commission positions regarding the issuance of a European nuclear liability law, which have existed in the European Parliament since the 1960s. A most recently published legal study, commissioned by the European Commission to analyse options regarding further development in this area is reflected in the paper and possible future steps are identified.

Keywords: nuclear liability, Euratom Treaty, European Atomic Energy Community, Paris Convention on Third Party Liability in the Field of Nuclear Energy (1960), The Vienna Convention on Civil Liability for Nuclear Damage (1963), nuclear new build, nuclear power

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