atw 2015-01

atw Vol. 60 (2015) | Issue 1 ı January
60 TH YEAR ATW 54
On the question of law of inventions, private property
and private initiative is generally recognised. In exceptional
cases, however, which cannot be discussed in detail
at this point, the possibility of non-exclusive compulsory
licenses on full compensation are intended. All decision if
challenged shall be reviewed by court.
In the field of labour and population protection the report
regards an elaboration of binding minimum standards
for the members of the community as necessary. The
respective control of plants, which machine and process
fuel material is essentially considered. However, the periodical
monitoring of the safety requirements, should be
left to the member states with a certain right of control by
the community.
The major part of investments in the nuclear field
should remain within the responsibility of the public and
private sector in the member states in the same way as
research carried out by the EURATOM should only represent
a supplement to the entire research work. The initiative
of enterprises should be supported by illustrative programs,
the dissemination of research results and if necessary
financial assistance.
Even if the development projects in the nuclear field
shall be forwarded to the commission for a statement, the
report also underlines, that the organisation should
neither possess the right of investment decisions nor the
right to comment on their economic justification or on
the facilities location.
The recommendation about the supply of source material
and fuels within the report seems of special economic
and political importance. In this respect a purchase
priority by EURATOM is planned, which shall provide
these materials in standardised and non-discriminating
conditions to consumers. An exception takes merely place
if the organisation declares not being able to deliver. An
ownership monopoly is not recommended. Under certain
conditions, in case of strongly enriched nuclear fuels,
only a leasing form of commodities is intended.
In order to guarantee prevention of misuse of ores and
nuclear fuels, the report recommends far-reaching control
and in particular the return of nuclear fuels to t he
community bodies at the end of a conversion process.
The report states an immediate establishment of a
nuclear common market that later on shall give way to a
general common market.
In order to accomplish all responsibilities of EURATOM,
a European Atomic Energy Commission with its own power
and common mandate as permanent body for the on-going
management of the community was recommended.
Certain committees shall support the European Atomic
Energy Commission in order to achieve her tasks e.g. an
expert’ forum for science and economy and a mixed committee
of producers and consumers. In order to perform
its functions towards common institutions, an administrative
unit for the industrial administration and an
agency for special coverage obligations with a commercial
management should be established. The complete
report by the head of delegation is – as it needs to be emphasized,
an expert report dedicated to governments. But
at the same time the report is not binding. Thus suggestions
by the participating governments in all detailed
questions are subjected to alternations.
During the conference of the Foreign Ministers of the
European Coal and Steel countries from 29 to 30 May in
Venice, the ministers agreed on using the report as basis
for an intergovernmental conference, which is convened
on 26 June in Brussels. This conference shall elaborate
necessary individual contracts for the establishment of a
common European market and by EURATOM into a whole
comprehensive treaty.
Two questions of high political importance, however,
were reserved for a special consultation. This concerns in
this respect the inclusion of overseas territories into the
treaty placed for discussion by France and the question of
the military usage of nuclear energy. It is obvious, that
especially problems, which result from military use of
one or more member states in the nuclear field, have significant
influence on the cooperation development in the
field of research and usage of nuclear energy for peaceful
purposes.
In this context it is necessary to remind, that the Federal
Republic of Germany refused within the Paris Treaty
the production of nuclear arms. After all it is necessary to
point out the welcoming decision by the conference in
Venice, at which the Belgian Foreign Minister Spaak was
appointed to inform allied European countries as well as
European organisations about the activities of the upcoming
intergovernmental conference and to explicitly
invite them for a participation in efforts of the six
countries.
Author
Franz Josef Strauß
Federal Minister of Germany for Nuclear Affairs
60 th year atw
The Federal Republic of Germany and the International Cooperation in the Nuclear Field ı Franz Josef Strauß