[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.
    
    
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