CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ

EURATOM AND THE USE OF NUCLEAR ENERGY TO POWER LUNAR BASIS

c) Strategic autonomy The notion of the European Union’s autonomy in space has been quite intensively discussed in legal scholarship recently. 40 Achieving strategic autonomy has been presented as an argument in favour of a more intensive involvement of the EU in the space field for a specific time. 41 This argument is based on the reality of international relations, where major players – such as the USA, China, India, Japan, and the Russian Federation – became considerably active in space exploration. The very same argument can be presented vis-á-vis a potential involvement of Euratom in the New Space Era. Facing the increasing nuclear ambitions of prominent space actors – in particular the US, China, and the Russian Federation – Europe may either surrender aspirations in this field or use existing technological know-how to compete in the new race for the Moon. Having said this, we also must bear in mind that the EU has already launched its own very comprehensive space programme, including the European Earth Observation System Copernicus, the Global Satellite Navigation System (Galileo), and the European Geostationary Navigation Overlay Service (EGNOS). Since 2022, the European Commission has been promoting two major flagship initiatives in the field of space use: the space-based secure connectivity system and the space traffic management system. The preparation of a new legislative framework in the form of a regulation (EU Space Law) represents another step in EU efforts in this area. The fact is, however, that all these efforts have a non-nuclear character. Consequently, to keep up with the very recent developments in lunar activities, Euratom’s involvement seems to be beneficial. 42 2. Promoting lunar exploration under Euratom The Euratom Treaty provides several tools that may be potentially used for the promotion of future lunar activities. These are as follows: a) Promotion of research In Chapter 1, the Euratom Treaty provides for a comprehensive system of research promotion in the nuclear field. This system is based on two flagships. Firstly, Euratom coordinates the national research programmes of its member states. In parallel, research promotion under the Euratom Treaty is realised via the Community research and training programmes. These programmes are drawn up for a period not longer than five years. It is the European Commission that proposes these programmes to the Council and approves them unanimously. 43 The current Euratom Research and Training Programme was approved for years 2021 to 2025. Under this programme, research in nuclear fusion is promoted, with financial support of € 583 million. At the same time, the Programme focuses on terrestrial SMRs, three of which 40 See AL-EKABI, C. (ed), European Autonomy in Space (Springer International 2015). 41 See CELLERINO, C. ‘EU Space Policy and Strategic Autonomy: Tackling Legal Complexities in the Enhacement of the Security and Defense Dimension of the Union in the Space’ (2023) 8 Eur. P. 487. 42 See Open Lunar Foundation, ‘Identifying Governance Challenges for Nuclear Energy on the Moon’ (Open Lunar Foundation, 2021), available at https://www.openlunar.org/blog/identifying-governance-challenges-for nuclear-energy-on-the-moon#article. 43 Ibid.

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