On Monday 28 August 2017 the UK Government published three technical notes which expand on some of its Brexit position papers. The first two notes relate to the Government’s position paper on Nuclear materials and safeguards issues, which was published on 13 July 2017. A technical note on existing contracts for the supply of nuclear material highlights the need for clarity in respect of nuclear supply contracts entered into prior to the UK’s withdrawal (and as required under the Euratom Treaty approved by the Euratom Supply Agency) but where the supply period extends beyond the withdrawal date. A technical note on spent fuel and radioactive waste highlights the need for reciprocal assurances from the UK and the EU27 in relation to continued legal responsibilities for spent fuel and radioactive waste and the importance of a dispute resolution mechanism.
A third technical note relates to the ‘Privileges and Immunities’ position paper released on 13 July 2017 (see our blog post here). This technical note asks the EU to clarify its position in respect of a range of issues such as the scope of certain continued protections, how and why continued protection for MEPs after Brexit is justified, or what assurances it can offer the UK that the UK’s representation to the EU will continue to enjoy these privileges and immunities as long as the Withdrawal Agreement confers on the EU any functions in or in respect of the UK.