[House Document 104-43]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-43


 
            NUCLEAR COOPERATION WITH THE EUROPEAN COMMUNITY

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

  NOTIFICATION OF HIS INTENT TO SIGN AN EXECUTIVE ORDER TO EXTEND THE 
   WAIVER OF THE APPLICATION OF THE RELEVANT EXPORT CRITERION OF THE 
 ATOMIC ENERGY ACT UNTIL THE CURRENT AGREEMENTS EXPIRE ON DECEMBER 31, 
                                  1995




    March 9, 1995.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    The United States has been engaged in nuclear cooperation 
with the European Community (now European Union) for many 
years. This cooperation was initiated under agreements that 
were concluded in 1957 and 1968 between the United States and 
the European Atomic Energy Community (EURATOM) and that expire 
December 31, 1995. Since the inception of this cooperation, 
EURATOM has adhered to all its obligations under those 
agreements.
    The Nuclear Non-Proliferation Act of 1978 amended the 
Atomic Energy Act of 1954 to establish new nuclear export 
criteria, including a requirement that the United States have a 
right to consent to the reprocessing of fuel exported from the 
United States. Our present agreements for cooperation with 
EURATOM do not contain such a right. To avoid disrupting 
cooperation with EURATOM, a proviso was included in the law to 
enable continued cooperation until March 10, 1980, if EURATOM 
agreed to negotiations concerning our cooperation agreements. 
EURATOM agreed in 1978 to such negotiations.
    The law also provides that nuclear cooperation with EURATOM 
can be extended on an annual basis after March 10, 1980, upon 
determination by the President that failure to cooperate would 
be seriously prejudicial to the achievement of U.S. 
nonproliferation objectives or otherwise jeopardize the common 
defense and security, and after notification to the Congress. 
President Carter made such a determination 15 years ago and 
signed Executive Order No. 12193, permitting nuclear 
cooperation with EURATOM to continue until March 10, 1981. 
Presidents Reagan and Bush made similar determinations and 
signed Executive orders each year during their terms. I signed 
Executive Order No. 12840 in 1993 and Executive Order No. 12903 
in 1994, which extended cooperation until March 10, 1994, and 
March 10, 1995, respectively.
    In addition to numerous informal contacts, the United 
States has engaged in frequent talks with EURATOM regarding the 
renegotiation of the U.S.-EURATOM agreements for cooperation. 
Talks were conducted in November 1978; September 1979; April 
1980; January 1982; November 1983; March 1984; May, September, 
and November 1985; April and July 1986; September 1987; 
September and November 1988; July and December 1989; February, 
April, October, and December 1990; and September 1991. Formal 
negotiations on a new agreement were held in April, September, 
and December 1992; March, July, and October 1993; June, 
October, and December 1994; and January and February 1995. They 
are expected to continue.
    I believe that it is essential that cooperation between the 
United States and EURATOM continue, and likewise, that we work 
closely with our allies to counter the threat of proliferation 
of nuclear explosives. Not only would a disruption of nuclear 
cooperation with EURATOM eliminate any chance of progress in 
our negotiations with that organization related to our 
agreements, it would also cause serious problems in our overall 
relationships. Accordingly, I have determined that failure to 
continue peaceful nuclear cooperation with EURATOM would be 
seriously prejudicial to the achievement of U.S. 
nonproliferation objectives and would jeopardize the common 
defense and security of the United States. I therefore intend 
to sign an Executive order to extend the waiver of the 
application of the relevant export criterion of the Atomic 
Energy Act until the current agreements expire on December 31, 
1995.

                                                William J. Clinton.
    The White House, March 9, 1995.