[House Document 104-138]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - House
Document 104-138
PROPOSED AGREEMENT FOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR
ENERGY BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN ATOMIC
ENERGY COMMUNITY (EURATOM)
----------
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
THE TEXT OF A PROPOSED AGREEMENT FOR COOPERATION IN THE PEACEFUL USES
OF NUCLEAR ENERGY BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN
ATOMIC ENERGY COMMUNITY (EURATOM) WITH ACCOMPANYING AGREED MINUTE,
ANNEXES, AND OTHER ATTACHMENTS, PURSUANT TO 42 U.S.C. 2153 (b), (d)
November 29, 1995.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
PROPOSED AGREEMENT FOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR
ENERGY BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN ATOMIC
ENERGY COMMUNITY (EURATOM)
104th Congress, 1st Session - - - - - - - - - - - - House
Document 104-138
PROPOSED AGREEMENT FOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR
ENERGY BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN ATOMIC
ENERGY COMMUNITY (EURATOM)
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
THE TEXT OF A PROPOSED AGREEMENT FOR COOPERATION IN THE PEACEFUL USES
OF NUCLEAR ENERGY BETWEEN THE UNITED STATES OF AMERICA AND THE EUROPEAN
ATOMIC ENERGY COMMUNITY (EURATOM) WITH ACCOMPANYING AGREED MINUTE,
ANNEXES, AND OTHER ATTACHMENTS, PURSUANT TO 42 U.S.C. 2153 (b), (d)
November 29, 1995.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
I am pleased to transmit to the Congress, pursuant to
sections 123 b. and 123 d. of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2153 (b), (d)), the text of a proposed
Agreement for Cooperation in the Peaceful Uses of Nuclear
Energy Between the United States of America and the European
Atomic Energy Community (EURATOM) with accompanying agreed
minute, annexes, and other attachments. (The confidential list
of EURATOM storage facilities covered by the Agreement is being
transmitted directly to the Senate Foreign Relations Committee
and the House International Relations Committee.) I am also
pleased to transmit my written approval, authorization and
determination concerning the agreement, and the memorandum of
the Director of the United States Arms Control and Disarmament
Agency with the Nuclear Proliferation Assessment Statement
concerning the agreement. The joint memorandum submitted to me
by the Secretary of State and the Secretary of Energy, which
includes a summary of the provisions of the agreement and other
attachments, including the views of the Nuclear Regulatory
Commission, is also enclosed.
The proposed new agreement with EURATOM has been negotiated
in accordance with the Atomic Energy Act of 1954, as amended by
the Nuclear Non-Proliferation Act of 1978 (NNPA) and as
otherwise amended. It replaces two existing agreements for
peaceful nuclear cooperation with EURATOM, including the 1960
agreement that has served as our primary legal framework for
cooperation in recent years and that will expire by its terms
on December 31 of this year. The proposed new agreement will
provide an updated, comprehensive framework for peaceful
nuclear cooperation between the United States and EURATOM, will
facilitate such cooperation, and will establish strengthened
nonproliferation conditions and controls including all those
required by the NNPA. The new agreement provides for the
transfer of nonnuclear material, nuclear material, and
equipment for both nuclear research and nuclear power purposes.
It does not provide for transfers under the agreement of any
sensitive nuclear technology (SNT).
The proposed agreement has an initial term of 30 years, and
will continue in force indefinitely thereafter in increments of
5 years each until terminated in accordance with its
provisions. In the event of termination, key nonproliferation
conditions and controls, including guarantees of safeguards,
peaceful use and adequate physical protection, and the U.S.
right to approve retransfers to third parties, will remain
effective with respect to transferred nonnuclear material,
nuclear material, and equipment, as well as nuclear material
produced through their use. Procedures are also established for
determining the survival of additional controls.
The member states of EURATOM and the European Union itself
have impeccable nuclear nonproliferation credentials. All
EURATOM member states are party to the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT). EURATOM and all its
nonnuclear weapon state member states have an agreement with
the International Atomic Energy Agency (IAEA) for the
application of full-scope IAEA safeguards within the respective
territories of the nonnuclear weapon states. The two EURATOM
nuclear weapon states, France and the United Kingdom, like the
United States, have voluntary safeguards agreements with the
IAEA. In addition, EURATOM itself applies its own stringent
safeguards at all peaceful facilities within the territories of
all member states. The United States and EURATOM are of one
mind in their unswerving commitment to achieving global nuclear
nonproliferation goals. I call the attention of the Congress to
the joint U.S.-EURATOM ``Declaration on Non-Proliferation
Policy'' appended to the text of the agreement I am
transmitting herewith.
The proposed new agreement provides for very stringent
controls over certain fuel cycle activities, including
enrichment, reprocessing, and alteration in form or content and
storage of plutonium and other sensitive nuclear materials. The
United States and EURATOM have accepted these controls on a
reciprocal basis, not as a sign of either Party's distrust of
the other, and not for the purpose of interfering with each
other's fuel cycle choices, which are for each Party to
determine for itself, but rather as a reflection of their
common conviction that the provisions in question represent an
important norm for peaceful nuclear commerce.
In view of the strong commitment of EURATOM and its member
states to the international nonproliferation regime, the
comprehensive nonproliferation commitments they have made, the
advanced technological character of the EURATOM civil nuclear
program, the long history of extensive transatlantic
cooperation in the peaceful uses of nuclear energy without any
risk of proliferation, and the fact that all member states are
close allies or close friends of the United States, the
proposed new agreement provides to EURATOM (and on a reciprocal
basis, to the United States) advance, long-term approval for
specified enrichment, retransfers, reprocessing, alteration in
form or content, and storage of specified nuclear material, and
for retransfers of nonnuclear material and equipment. The
approval for reprocessing and alteration in form or content may
be suspended if either activity ceases to meet the criteria set
out in U.S. law, including criteria relating to safeguards and
physical protection.
In providing advance, long-term approval for certain
nuclear fuel cycle activities, the proposed agreement has
features similar to those in several other agreements for
cooperation that the United States has entered into subsequent
to enactment of the NNPA. These include bilateral U.S.
agreements with Japan, Finland, Norway and Sweden. (The U.S.
agreements with Finland and Sweden will be automatically
terminated upon entry into force of the new U.S.-EURATOM
agreement, as Finland and Sweden joined the European Union on
January 1, 1995.) Among the documents I am transmitting
herewith to the Congress is an analysis by the Secretary of
Energy of the advance, long-term approvals contained in the
proposed U.S. agreement with EURATOM. The analysis concludes
that the approvals meet all requirements of the Atomic Energy
Act.
I believe that the proposed agreement for cooperation with
EURATOM will make an important contribution to achieving our
nonproliferation, trade and other significant foreign policy
goals.
In particular, I am convinced that this agreement will
strengthen the international nuclear nonproliferation regime,
support of which is a fundamental objective of U.S. national
security and foreign policy, by setting a high standard for
rigorous nonproliferation conditions and controls.
It will substantially upgrade U.S. controls over nuclear
items subject to the current U.S.-EURATOM agreement as well as
over future cooperation.
I believe that the new agreement will also demonstrate the
U.S. intention to be a reliable nuclear trading partner, and
thus help ensure the continuation and, I hope, growth of U.S.
civil nuclear exports to EURATOM member states.
I have considered the views and recommendations of the
interested agencies in reviewing the proposed agreement and
have determined that its performance will promote, and will not
constitute an unreasonable risk to, the common defense and
security. Accordingly, I have approved the agreement and
authorized its execution and urge that the Congress give it
favorable consideration.
Because this agreement meets all applicable requirements of
the Atomic Energy Act of 1954, as amended, for agreements for
peaceful nuclear cooperation, I am transmitting it to the
Congress without exempting it from any requirement contained in
section 123 a. of that Act. This transmission shall constitute
a submittal for purposes of both sections 123 b. and 123 d. of
the Atomic Energy Act. The Administration is prepared to begin
immediately the consultations with the Senate Foreign Relations
and House International Relations Committees as provided in
section 123 b. Upon completion of the 30-day continuous session
period provided for in section 123 b., the 60-day continuous
session period provided for in section 123 d. shall commence.
William J. Clinton.
The White House, November 29, 1995.