    [Public Papers of the Presidents of the United States: William J. Clinton (1995, Book II)]
    [November 29, 1995]
    [Pages 1800-1802]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the Congress Transmitting the EURATOM-United States Nuclear
    Energy Cooperation Agreement
    November 29, 1995

    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

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    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-

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    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.