The European Commission had brought the UK before the court claiming that by failing to provide a plan for the disposal of radioactive waste, it had breached Article 37 of the EURATOM Treaty, which required Member States to provide information on “any plan for the disposal of radioactive waste” in order that assessment could be made regarding the radioactive contamination of neighbouring countries. However, the UK argued that the EURATOM Treaty applied only to waste coming from nuclear plants operating for civil and commercial uses, and it was therefore not required to provide such a plan. The Court held in favour of the UK, agreeing that military installations such as the Jason reactor in the UK, were exempt due to national defence interests and fell outwith the scope of the EURATOM Treaty, highlighting a gap in the regulation of the management of radioactive waste.

See link: UK EURATOM Case

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