[Congressional Record Volume 141, Number 189 (Wednesday, November 29, 1995)]
[Senate]
[Pages S17774-S17775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORT OF THE AGREEMENT FOR COOPERATION IN THE PEACEFUL USES OF NUCLEAR 
    ENERGY BETWEEN THE UNITED STATES AND THE EUROPEAN ATOMIC ENERGY 
              COMMUNITY--MESSAGE FROM THE PRESIDENT--PM 99

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Foreign Relations.

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 


[[Page S 17775]]
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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