Stephen Tromans QC, along with Paul Bowden from Freshfields Bruckhaus Deringer LLP, have produced a report on behalf of UKELA on Brexit and Environmental Law – Exit from the Euratom Treaty and its Environmental Implication.
This report focuses on questions of safety, the protection of human health and the environment arising from the UK’s withdrawal from the Euratom Treaty.
The emphasises that withdrawal from the EU and withdrawal from Euratom are – as legal and constitutional processes – separate exercises, however they may be conducted practically and politically.
In view of the particular complexities and challenges of withdrawing from Euratom, and of the UK maintaining a demonstrable commitment to safety in the nuclear field, ‘Brexatom’ requires its own Agreement and its own timetable.
The report examines the continued operation of a number of specific legislative measures, and the role each of these measures has on the current regime of nuclear safety. It emphasises that the UK must find clear agreements with Euratom and its members states for continued regulatory equivalence and full participation in key safety-related bodies, such as ENSREG (the European Nuclear Safety Regulators’ Group) and ECURIE (European Community Urgent Radiological Information Exchange).
It states that the review and re-alignment of existing Nuclear Co-operation Agreements (NCAs) embracing Nuclear Safety with states outside Euratom (not only with countries such as the US, Japan and Canada but those with developing civil nuclear capability) is an urgent priority, in order to maintain the UK’s international contribution in this field and to demonstrate continued leadership.
To read the full report, please click here.