CYIL vol. 15 (2024)

JAKUB HANDRLICA are expected to be commenced into operation in the 2030s. 44 So far, the Programme does not provide any financial support for lunar exploration. However, prospective cooperation between Euratom and the third countries in the field of “nuclear-powered space exploration” is being mentioned explicitly in the Euratom Work Programme 2023–2025 for nuclear research and training. Thus, one may expect that it will be more elaborated in the next decade. b) Joint Undertakings Joint undertakings represent another essential tool of Euratom that supports development in the nuclear field. The Euratom Treaty defines them as ‘undertakings which are of fundamental importance to the development of the nuclear industry in the Community.’ 45 Joint undertakings are established by the Council’s decision, which is based on a proposal made by the European Commission or one of the member states. 46 Pursuant to the Euratom Treaty, each Joint Undertaking does not only possess its legal personality but also a number of tax and legal advantages. 47 Currently, efforts in research and development of fission energy are being realised through the European Joint Undertaking for ITER. 48 For the period 2021–2027, this Undertaking is being supported with € 7 billion, which comprises the assembly and commissioning phases as well as the start of the operational phase. Having said this, the Joint Undertakings scheme may represent a salient opportunity to promote the development of nuclear use on the Moon in the future. 49 c) Investments Lastly, the Euratom Treaty provides in Chapter 4 for a scheme of investment coordination. In this respect, the Treaty provides 50 that in order to stimulate action by persons and undertakings and to facilitate coordinated development of their investment in the nuclear field, the European Commission shall periodically publish illustrative programmes. These programmes aim to indicate, in particular, nuclear energy production targets and all the types of investment required for their attainment. The current Illustrative Programme was approved 51 in 2017 and reflects the realities of the late 2010s. One may await, however, the future Illustrative Programme, which will also address the very current developments in advanced nuclear technologies. Consequently, drafting the forthcoming Illustrative Programme will be a salient opportunity if Europe aims for more intensive lunar nuclear endeavours. 44 See European Commission, ‘Ongoing SMRs projects co-funded by the Euratom R&T Programme’ (European Commission 2023). 45 Euratom Treaty, Article 45. 46 Ibid, Articles 46–49. 47 Ibid. 48 International Thermonuclear Experimental Reactor. 49 See XU, F. and OU, J. ‘Promoting international cooperation on the International Lunar Research Station: Inspiration from the ITER’ (2023) 203 Acta Astronaut. 341. 50 Euratom Treaty, Article 40. 51 See Communication from the Commission – Nuclear Illustrative Programme presented under Article 40 of the Euratom Treaty – Final (after opinion of EESC), COM(2017) 237 final.

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