[Public Papers of the Presidents of the United States: George H. W. Bush (1991, Book I)]
[March 8, 1991]
[Pages 230-231]
[From the U.S. Government Publishing Office www.gpo.gov]



Letter to Congressional Leaders on Nuclear Cooperation with EURATOM
March 8, 1991

Dear Mr. Speaker:  (Dear Mr. President:)
    The United States has been engaged in nuclear cooperation with the 
European Community for many years. This cooperation was initiated under 
agreements that were concluded over 3 decades ago between the United 
States and the European Atomic Energy Community (EURATOM) and that 
extend until December 31, 1995. Since the inception of this cooperation, 
the Community 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. non-proliferation objectives or otherwise 
jeopardize the common defense and security and after notification to the 
Congress. President Carter made such a determination 11 years ago and 
signed Executive Order No. 12193, permitting nuclear cooperation with 
EURATOM to continue until March 10, 1981. President Reagan made such 
determinations in 1981, 1982, 1983, 1984, 1985, 1986, 1987, and 1988, 
and signed Executive Order Nos. 12295, 12351, 12409, 12463, 12506, 
12554, 12587, and 12629, permitting nuclear cooperation to continue 
through March 10, 1989. I made such determinations in 1989 and 1990 and 
signed Executive Orders Nos. 12670 and 12706, permitting nuclear 
cooperation to continue through March 10, 1991.
    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, and 
February, April, October, and December 1990. Further talks are 
anticipated this year.
    I believe it is essential that cooperation between the United States 
and the Community continue and, likewise, that we work

[[Page 231]]

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 talks 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. non-proliferation 
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 
Nuclear Non-Proliferation Act for an additional 12 months from March 10, 
1991.
    Sincerely,

                                                             George Bush

                    Note: Identical letters were sent to Thomas S. 
                        Foley, Speaker of the House of Representatives, 
                        and Dan Quayle, President of the Senate. The 
                        Executive order is listed in Appendix E at the 
                        end of this volume.