91997E2476

WRITTEN QUESTION E-2476/97 by Hiltrud Breyer (V) to the Commission (16 July 1997)

Subject: Non-Proliferation Treaty

Following a resolution of the 1995 Non-Proliferation Treaty Review Conference, the Board of Governors of the International Atomic Energy Agency (IAEA) approved on 15 May 1997 - with the full support of the European Union - a model protocol whose purpose is to reform and strengthen the IAEA safeguards in all non-nuclear weapon states (NNWS) worldwide.

1. Has the Commission the intention to propose to the Council negotiating directives for a full implementation or only for a partial implementation of the model protocol in the NNWS of the Community, and what are the reasons for the proposed policy?

2. Since the model protocol involves beyond dispute the national non-proliferation competences of the Member States, will the Commission propose to the Council, for the negotiations with the IAEA and the subsequent implementation of the model protocol in the Community, negotiation and management procedures that will recognize the national non-proliferation competences of the Member States, or will the Commission on the contrary propose to negotiate and implement the protocol as if it were an exclusive Euratom-competence instrument?

Answer given by Mr Papoutsis on behalf of the Commission (16 September 1997)

1. The Commission submitted on 16 July 1997 negotiating directives to the Council under which the Commission proposes to negotiate with the relevant non-nuclear weapon Member States and the International atomic energy agency (IAEA) with a view to the conclusion, under Articles 101, paragraph 2 and 102 of the Euratom Treaty, of an additional protocol to the safeguards agreement between the Community's non-nuclear weapon Member States, the Community and the IAEA (INFCIRC/193). It is proposed that this protocol will be negotiated on the basis of the model protocol, which was adopted by the IAEA board of governors on 15 May 1997 as standard for the additional protocols designed for states having a comprehensive safeguards agreement with the IAEA in order to strengthen the effectiveness and to improve the efficiency of the safeguards system as a contribution to global nuclear non-proliferation objectives.

2. The Commission fully recognises the legal fact that several of the measures foreseen in the model protocol currently fall within the competence of Community Member States. This is clearly reflected in its proposal to negotiate the additional protocol together with Member States and to conclude the protocol under Article 102 of the Euratom Treaty.