Nuclear safeguards in the European Atomic Energy Community (EURATOM)

The European Atomic Energy Community (EAEC) exists next to the European Union (EU) as separate legal entity: EURATOM. Acting through the European Commission (COM) as its main executive body, the EURATOM nuclear safeguards Directorate satisfies itself that nuclear material is not diverted from its intended and declared use. In addition, it also ensures that international obligations with third countries and international organisations are complied with. How does it do this in legal practice? The supranational character of the European integration project, as opposed to classic international organisations such as the IAEA, has given extraordinary legal powers to the Commission, comparable only to those in the European Union's competition law under the Treaty on the Functioning of the European Union (TFEU). The Commission has three main prerogatives to enforce its task under the EURATOM Treaty: The right to send nuclear inspectors to the territories of the Member States (Art 81), the right to start (fast-track) infringement procedures vis-à-vis EU Member States (Art 82), and the right to impose sanctions on nuclear operators (Art 83). Overall, the combination of these rights has ensured that no major case of diversion has been detected since the entering into force of the Treaty in 1958. The paper analyses in more detail the Commission's practice in infringement procedures and sanction decisions as well as the case law of the Court of Justice of the European Union. Together with legal literature, both practice and precedent they have contributed to clarify and confirm the extraordinary supranational powers. EURATOM nuclear safeguards is on its way to complete six decades of peaceful use of nuclear energy in Europe and is becoming a brand name.