Government submits proposal to Parliament on amending Nuclear Energy Act and Criminal Code

​​​​​​​On 23 April 2024, the Finnish Government submitted to Parliament a proposal to amend the Nuclear Energy Act and the Criminal Code. The Government proposes to remove the legal barriers on importing nuclear devices into Finland and on transporting, supplying or possessing them in Finland in the context of Finland’s homeland defence, the collective defence of NATO or defence cooperation.

Finland would still in all situations criminalise as nuclear device offences the acquisition, manufacture, development and detonation of nuclear devices and the conducting of research for the purpose of manufacturing one. Moreover, nuclear device offences committed with a terrorist intent would remain criminalised as before.

The objective of the government proposal is to remove legal barriers concerning nuclear devices to enable Finland’s homeland defence as part of the Alliance and the full use of NATO’s deterrence and defence. It would allow Finland to sustain and develop the collective defence of the Alliance and to execute it in full, if needed. The government proposal is part of the legislative reforms the Programme of Prime Minister Orpo’s Government outlines as necessary for Finland’s integration with NATO. The amendment would enable not only NATO’s activities in Finland but also bilateral and multilateral cooperation.

The rationale for the proposal was supplemented during further preparation on the basis of comments received during the consultation round. For example, the rationale now expounds on the constitutional procedures for establishing positions and making decisions and on the role of the highest organs of state in decision-making on nuclear devices. The rules on impact assessment have also been supplemented on the basis of the comments received.

“The proposal aims to maximise Finland’s security in an unpredictable operating environment. By removing the legal barries on nuclear devices, we can strengthen our deterrence and defence and raise the threshold for using military force against Finland and the Alliance. The legislative amendment is necessary for the security of Finland,” Minister of Defence Antti Häkkänen said.

The legislative amendment would bring Finland’s contribution to NATO’s nuclear deterrence on a par with our closest allies. Most NATO member states have no legal barriers to the full execution of NATO’s deterrence and defence. Finland will remain committed to the Treaty on the Nuclear Non-Proliferation Treaty (NPT) and to its other international obligations.

All NATO decisions, including on nuclear deterrence, are made by consensus. Finland formulates its position independently on all matters related to nuclear deterrence.

The Government proposes that the legislative amendments enter into force as soon as possible.

- Requests for interviews with Minister of Defence Antti Häkkänen: Dani Niskanen, Special Adviser, tel. +358 358 295 140 109.

- Inquiries: Janne Kuusela, Permanent Secretary, Ministry of Defence. Contact Niina Hyrsky, Director of Communications, tel. +358 295 140 120, or [email protected]