Brexit, Euratom and Nuclear Liabilities - 18643
- Prospect Law Ltd (United Kingdom)
The outcome of the UK referendum on withdrawal from the European Union has resulted in a UK government decision that the UK must withdraw from Euratom. As at the date of the Waste Management Symposia, half of the 2-year programme for agreeing the terms of exit and putting in place replacement arrangements will have passed. If no agreement is reached by 29 March 2019 and no extension of that deadline is agreed the UK will automatically exit Euratom on that date. Aside from potential trade tariffs, Euratom exit will create binary questions on acceptability of nuclear trade and collaboration with the UK, reflecting current reliance on the UK's status as a Euratom member in establishing and implementing acceptable safeguarding requirements, ensuring inclusion of the UK within the scope of existing Euratom nuclear cooperation agreements, and as a basis for current UK bilateral nuclear cooperation agreements. This in turn risks disruption of international nuclear cooperation and trade, including provision of resources and know-how in support of the UK waste and decommissioning effort and international movement of waste for treatment. The paper will consider the current status of negotiations for UK withdrawal from Euratom, development of replacement safeguarding arrangements and replacement of international nuclear cooperation agreements essential to future nuclear cooperation and trade with the UK, taking into account: - the current and future legal basis of UK safeguarding obligations, including potential changes to the UK's Voluntary Offer Safeguards Agreement under the Non-Proliferation Treaty and likely acceptability of replacement arrangements to key nuclear trading partners; - practical arrangements for meeting those obligations post Euratom reliance via independent safeguarding arrangements; and - the need for and challenges in replacement of the UK's current reliance on its status as a Euratom member in taking the benefit of the existing US / Euratom s123 Agreement and other Euratom nuclear cooperation agreements. The paper will also provide a brief update on recent developments in international nuclear liabilities. The last 2 years have seen significant changes, with the Convention on Supplementary Compensation finally entering into force on 15 April 2015 and significant progress towards ratification of the 2004 Protocols to the Paris and Brussels Conventions. These changes are to be welcomed as beneficial to international cooperation, but also bring changes to liabilities risks associated with international movement of nuclear materials. Despite clear advances nuclear liabilities risks remain a significant consideration in negotiation of international nuclear contracts, recognising beneficial changes as well as on-going areas of risk and uncertainty. (authors)
- Research Organization:
- WM Symposia, Inc., PO Box 27646, 85285-7646 Tempe, AZ (United States)
- OSTI ID:
- 22977883
- Report Number(s):
- INIS-US-20-WM-18643; TRN: US21V0511017928
- Resource Relation:
- Conference: WM2018: 44. Annual Waste Management Conference, Phoenix, AZ (United States), 18-22 Mar 2018; Other Information: Country of input: France; 12 refs.; Available online at: https://www.xcdsystem.com/wmsym/2018/index.html
- Country of Publication:
- United States
- Language:
- English
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