IGC URGED TO REJECT "THE PALACIO AMENDMENT"

The proposal, which concerns the fundamental legal status and objectives of the EU, has been made by the Spanish delegation, led by Minister of Foreign Affairs Ana Palacio. It calls for the introduction of a single legal personality for both the European Union and Euratom, overturning a delicate compromise put together in the Convention.

FOE Europe has branded the move "The Palacio Amendment", as it suspects Mrs de Palacio is acting in concert with her sister Loyola, who is European Energy Commissioner and, as a keen supporter of nuclear, would like to continue using Euratom to promote the nuclear industry.

If accepted, the amendment would render the new European Union directly and explicitly a pro-nuclear organisation. Its activities would be governed by both the new Constitution, signed in 2004, plus the old treaty establishing Euratom signed in 1957, which includes as an objective the "speedy establishment and growth" of nuclear power.

There is no equivalent EU framework for any alternative energy options, such as the renewable or efficient use of energy. The Convention failed to review the outdated treaty on which Euratom is founded, despite its general task to simplify, modernise and consolidate the earlier treaties. Clear contradictions between Euratom and the Constitution remain in place.

Member states including Germany, Denmark, Ireland and Austria are likely to be angered by the Palacio Amendment, as all are keen to see Euratom marginalised and ultimately scrapped. They fought successfully in the Convention for the 'legal separation' of Euratom, and Austria has since gone on to call for another IGC next year specifically to repeal or reform Euratom.

Friends of the Earth Europe campaigner, Mark Johnston said:

"The IGC must reject the 'Palacio Amendment'. It is not acceptable for the newly constituted European Union to have as an explicit objective the promotion of nuclear power. If this change does go through it could put ratification of the new treaty at risk, as many of those states that reject nuclear power are also those holding referenda.

"The Euratom Community is biased, outdated, undemocratic, and must be scrapped. We call on the European Council to declare that there will be another treaty revision conference in 2004 to agree the end of Euratom before the Constitution enters into force. The future of Europe must not be based on a dangerous, discredited and unpopular energy source."

 

For further information, contact: Mark Johnston +44 79 7331 9249

NOTE

The structure of the European Union can be considered on three levels:

1. The Treaties (Constitution 2004, Euratom 1957, plus accession treaties.)
2. The Legal Personalities (Union & Euratom, according to the Convention.)
3. The Institutions (Commission, Council, Parliament etc)

The EU treaties all carry equal LEGAL status under international law. The Institutions in carrying out their activities under the treaties cannot lawfully place one treaty above another other. So the Euratom agreement, unless it is repealed or reformed, remains part of the primary law ALONGSIDE the constitutional treaty.

According to the compromise in the Convention, the Euratom Community would continue to exists alongside the new European Union, and sharing the same institutions. It was a political bargain designed to accommodate anti-nuclear and pro-nuclear states whilst not derailing the constitutional project.