At issue is the "handling of waste in the military installations at Devonport Dockyards (southern England) which handle the repairs and modification of nuclear submarines of the British navy," a spokesman for Transport Commissioner Loyola de Palacio said.

The commission says Britain has refused to respect a treaty known as Euratom concerning the handling of nuclear waster and hand over to the commission the information it has requested, following a complaint, about the handling of such waste at the dockyards.

"The British authorities think that the handling of waste of military origin is not covered by the Euratom Treaty" and falls into the category of "military secrets", the spokesman said.

The commission argues the treatment of all nuclear waste, of civilian or military origin, falls within the remit of Euratom and not of military secrets.

Accordingly "the United Kingdom should give in advance all information on modifications which might be made to this military installation."

The two sides differ on the "principle of competence" in respect of the application of the Euratom treaty to nuclear waste, the spokesman said, and the European Court of Justice will rule on the issue.

WAR.WIRE