BRUSSELS - 3rd OCTOBER 1995
FOR IMMEDIATE RELEASE
EU COMMISSION MUST ACT NOW ON FRENCH TESTS
OR FACE EUROPEAN COURT ACTION
Greenpeace begins 24-hour Brussels vigil, asks Europeans to fax
in protests
BRUSSELS, 3 October:- Greenpeace today called on the European
Commission to quash reports of a 'secret deal' on nuclear tests
between France and the Commission's President Jacques Santer by
deciding to start immediate proceedings against France at its
Wednesday meeting in Brussels.
Defying a Commission request to suspend further tests until a
Commission assessment of the health and safety measures of the
testing programme had been completed, France went ahead with a
second, 110 kiloton nuclear test at its South Pacific test site
on Monday.
Performing 'particularly dangerous experiments', such as the
testing of nuclear weapons, without obtaining the Commission's
prior opinion on additional health and safety measures, breaches
Article 34 of the EURATOM Treaty.
"France has refused to comply with the Commission's request to
suspend its testing programme, making a mockery of its claims to
be a responsible member of the European Union," said Louise Gale
of Greenpeace's European Unit. "France's actions leave the
Commission no choice but to decide tomorrow to open the way for
legal proceedings against France at the European Court."
The Commission has taken the first steps toward this with
Commissioner Bjerregaard's request that France give its views on
the application of Article 34 of EURATOM to the French tests. The
next step is for the Commission to finally decide at Wednesday's
meeting to apply Article 34 of EURATOM and to send France a
'reasoned opinion' outlining the breach of France's Treaty
obligations with a deadline for a response.
If France fails to comply with this, the Commission can take the
matter before the European Court of Justice.
Greenpeace also called upon the European Parliament and European
Union states to take the Commission before the European Court of
Justice if the Commission fails to act on Wednesday.
"It shouldn't come to that if the Commission fulfils its legal
role as 'guardian of the treaties', but the hesitancy of the
Commission so far and the reports of a secret deal with France
leaves no room for complacency," Gale said. "If the Commission
does nothing, the European Parliament or EU member states will
be forced to uphold the law to ensure that no further tests take
place."
Greenpeace announced a 24-hour vigil outside the Commission
headquarters in Brussels in the lead-up to the decision.
A mobile office will receive protest letters for delivery to the
Commission. "The majority of Europeans are opposed to these
tests.If people send us a fax, we'll make sure the Commission
receives their protest directly," Gale said.
For further information contact:
The fax number where protest letters for the Commission
may be sent are ++32 2 280 1874 or ++32 2 230 8413
NOTES
* Article 141 of the EURATOM Treaty requires the European
Commission to issue a 'reasoned opinion' if it considers that a
Member State has failed to fulfil its obligations under the
EURATOM Treaty. If the Member State does not comply with this
opinion within the time period laid down by the Commission, the
Commission may bring the matter before the European Court of
Justice.
* Under Article 142 of the EURATOM Treaty, any Member State can
bring an infringement action against France before the European
Court of Justice. Under Article 148 of the EURATOM Treaty, Member
States and the European Parliament can take action against the
Commission for a failure to act.
!! CALL TO INTERNET ACTIVISTS !! Greenpeace activists are now waiting outside the European
Commission building in Brussels for tomorrow's EC meeting.
Greenpeace is demanding that the Commission take first steps
towards legal action against France following Monday's nuclear
tests on Fangataufa Atoll in the South Pacific.
Now's the time for the European Commission to hear from you. We
have opened two fax lines in Brussels to receive your protests
against the French nuclear testing programme and your request
that the Commission fulfils its legal role as 'guardian of the
treaties'.
Greenpeace will make sure the Commission gets your fax tomorrow.
Check back to this web site tomorrow to find out how! If you are
a European, feel free to include a message to a commissioner from
your country.
FAX LINES: ++32 2 280 1874 or ++32 2 230 8413
Louise Gale and Simon
Carroll, Greenpeace European Unit, +32.2.280.14.00; or (mobile)
++32 07 5433003