Nuclear Safeguards Bill / Nuclear Safeguards Act 2018

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Publication Date October 2017
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Documents related to the Nuclear Safeguards Bill, which would establish a UK nuclear safeguards regime as the United Kingdom left the European Union's Euratom.

[August 2018: Note that this page was withdrawn in August 2018, although still accessible through the source hyperlink. This is because the Bill has now been adopted as the Nuclear Safeguards Act 2018 - see related hyperlinks below for further information].

Further information
The measures in the Bill would amend the Energy Act 2013 to:

+ replace the Office for Nuclear Regulation’s existing nuclear safeguards purposes with a new nuclear safeguards purposes definition
+ create new powers for the Secretary of State to put in place in regulations the detail of the domestic safeguards regime, such as accounting, reporting, control and inspection arrangements
+ create a limited power for the Secretary of State to amend the existing regulations so that references to international agreements can be updated once new international agreements have been reached

The UK had been a member of the International Atomic Energy Agency since its formation in 1957 and would continue to apply civil nuclear safeguards in the UK.

Background
The European Atomic Energy Community, better known as Euratom, was established in the 1950s as part of the creation of the European Community. The UK became a member of both on 1 January 1973. Euratom provides the basis for the regulation of civilian nuclear activity, implements a system of safeguards to control the use of nuclear materials, controls the supply of fissile materials within EU member states and funds leading international research such as the Culham Centre of Fusion Energy.

The UK Government had said that Euratom and the EU were 'uniquely legally joined' such that 'triggering Article 50 therefore also entailed giving notice to leave Euratom'. The legal basis of this point was debated.

Leaving Euratom had the potential to impact the UK’s current nuclear operations, including fuel supply, waste management, cooperation with other nuclear states, and research. Industry warned of a 'cliff edge' exit that could cause 'major disruption to business across the whole nuclear fuel cycle'. The UK would need to take on a number of measures to leave Euratom smoothly and some are concerned that the timetable for achieving these measures is ambitious.

The Business, Energy and Industrial Strategy (BEIS) Committee of the House of Commons had recommended delaying the departure from Euratom to give the nuclear industry time to set up alternative arrangements.

However, the Queen’s Speech on the 21 June 2017 contained a Nuclear Safeguards Bill to give the UK’s Office for Nuclear Regulation powers to take on the role and responsibilities of Euratom, required to meet international safeguards, and nuclear non-proliferation obligations.

Euratom would continue regulating the UK nuclear industry until the exit from the EU. The UK hosts significant nuclear research work and current funding, such as that for the Culham Centre, will continue until 2018. Beyond that point it is unclear what the impacts of withdrawing from Euratom will be on nuclear regulation and research in the UK.

Source Link Link to Main Source https://www.gov.uk/government/collections/nuclear-safeguards-bill
Related Links
UK: Parliament: House of Commons: Library: Briefing Paper, No.8107 (17.08.18): The Nuclear Safeguards Act 2018 http://researchbriefings.files.parliament.uk/documents/CBP-8107/CBP-8107.pdf
ESO: Background information: Exiting the EU with certainty [ European Union (Withdrawal) Bill | Repeal Bill ] http://www.europeansources.info/record/exiting-the-eu-with-certainty-european-union-withdrawal-bill-repeal-bill/
ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/
UK: Parliament: House of Lords: Library: Library Notes, LLN-2018-0017 (01.02.18): Nuclear Safeguards Bill: Briefing for Lords Stages http://researchbriefings.files.parliament.uk/documents/LLN-2018-0017/LLN-2018-0017.pdf
Euratom (United Kingdom: House of Commons: Library: Research Briefing, No.8036 (15.11.17 and periodically updated))) http://www.europeansources.info/record/euratom/
ESO: Background information: Brexatom: the UK will now leave Europe’s nuclear energy authority http://www.europeansources.info/record/brexatom-the-uk-will-now-leave-europes-nuclear-energy-authority/
UK: GOV.UK: Department for Business, Energy & Industrial Strategy: Euratom exit: quarterly update, January to March 2018 https://www.gov.uk/government/publications/euratom-exit-quarterly-update-january-to-march-2018
Institute for Government: Blog, 02.02.18: The Nuclear Safeguards Bill may not protect the UK’s nuclear industry after Brexit https://www.instituteforgovernment.org.uk/blog/nuclear-safeguard-bill-brexit
BBC News, 20.03.18: Brexit: Ministers suffer nuclear defeat in Lords http://www.bbc.co.uk/news/uk-politics-43476337
UK: Parliament: Parliamentary business > Bills and legislation > Bills before Parliament 2017-19 > Public Bills > Nuclear Safeguards Bill 2017-19 / Nuclear Safeguards Act 2018 https://services.parliament.uk/bills/2017-19/nuclearsafeguards.html

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