A4-0066/96

Resolution on the communication from the Commission to the Council and the European Parliament, 'The illicit traffic in radioactive substances and nuclear materials' (COM(94)0383 - C4-0227/94)

The European Parliament,

- having regard to the Commission communication to the Council and Parliament, COM(94)0383 - C4-0227/94,

- having regard to the Treaty establishing the European Atomic Energy Community,

- having regard to the principles underlying the provisions on cooperation in the fields of justice and home affairs laid down in the Treaty on European Union,

- having regard to the principles underlying the provisions on the common foreign and security policy laid down in the Treaty on European Union,

- having regard to the Council joint action of 10 March 1995 on the basis of Article K.3. of the EU Treaty concerning the Europol Drugs Unit ((OJ L 62 20.3.1995, p. 1.)),

- having regard to the Council Act of 26 July 1995 drawing up the Convention on the establishment of a European Police Office (Europol Convention) ((OJ C 316, 27.11.1995, p. 1.)),

- having regard to the Council Act of 26 July 1995 drawing up the Convention on the use of information technology for customs purposes ((OJ C 316, 27.11.1995, p. 33.)),

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Foreign Affairs, Security and Defence Policy, Committee on Research, Technological Development and Energy, Committee on External Economic Relations and the Committee on the Environment, Public Health and Consumer Protection (A4-0066/96),

A. whereas the combating of fraud at international level, where this is not covered by Article K.1(7), (8) and (9) of the EU Treaty, is one of the areas of cooperation in the fields of justice and home affairs, in which the Commission has a right of initiative,

B. whereas judicial cooperation in the sphere of the criminal law and police cooperation to prevent and combat terrorism and other forms of serious crime, if necessary including certain aspects of customs cooperation, is also one of the areas of cooperation in the fields of justice and home affairs in connection with the development of a Union-wide system for the exchange of information in the framework of Europol,

C. whereas large amounts of nuclear material, manufactured both for civil and military purposes, are available around the world,

D. whereas criminal activities are increasingly being organized at international level,

E. whereas, although it must be assumed that there is some undesirable demand for nuclear materials, there is as yet no sign or proof that a buyers' market exists, and no public announcement to that effect has been made by the police authorities; whereas, with the exception of a case engineered by the German authorities in Munich, no single completed seller-to-buyer deal has been reconstructed,

F. whereas illicit traffic in nuclear materials and radioactive substances in the East and West poses a serious danger to the internal security of the Member States, the environment, public health and international security,

G. whereas, irrespective of whether evidence is available, all the requisite steps must be taken to combat the potential and real dangers of any form of illicit traffic in radioactive substances and nuclear materials,

H. whereas of the 34 known cases of seizure of nuclear materials which were subsequently handed over to the Euratom Institute for Transuranium Elements, one seizure took place in Belgium, three in Italy and 30 in the Federal Republic of Germany; whereas no cases of nuclear smuggling have yet become known in the other 12 Member States,

I. whereas the military use of nuclear materials cannot be properly monitored on the basis of the EAEC Treaty; whereas, however, Community environmental policy seeks to conserve and protect the environment and improve its quality and protect public health,

J. whereas balanced solutions must be found to prevent the criminal use of fissile materials,

General considerations

1. Takes the view that a policy focusing on cooperation and controlled disarmament offers the best guarantee for peace and calls on the European Union to develop programmes with the aim of converting military nuclear materials as safely as possible into less dangerous materials;

2. Calls on the Commission to commission the necessary studies and pilot programmes for the conversion of military nuclear materials;

3. Calls on the Commission to assess the possibilities offered by the existing technology of eliminating the stocks of enriched uranium and plutonium by fission or transmutation of actinides and, in accordance with Parliament's resolution of 10 October 1995 on the Green Paper 'For a European Union energy policy' ((OJ C 287, 30.10.1995, p. 34.)), to support the disarmament process by making available the knowledge and capabilities of European research institutions and industry in disposing of weapons-grade plutonium and highly enriched uranium;

4. Calls for research to be stepped up to ensure that fission products from nuclear power stations cannot be used for military purposes since MOX (mixed oxide) is not an ideal solution; apart from this, the basic method of producing energy needs to be reconsidered in view of the ecological danger represented by nuclear energy: this will be the major challenge for the next century;

5. Calls on the Commission, by means of a regulatory instrument, to initiate the necessary procedures ensuring a harmonized approach within the European Union Member States to the legal traffic of nuclear materials as well as to the monitoring procedures and techniques relating thereto;

6. Calls on the Commission to describe clearly the details of those instances of illegal traffic of nuclear material of which it is aware, giving a clear account of those cases in which there has been a commercial transaction between the supplier and the purchaser and when the Commission was informed thereof;

7. Calls on the Commission to provide information as to whether the assertion by the Government of the Federal Republic of Germany is correct that Euratom Safeguards had already been informed by 27 July 1994 about an impending case of nuclear smuggling and whether the statement by Euratom is correct that it was informed only on 10 August 1994, i.e. the day on which the 400 gms of plutonium was seized at Munich airport;

8. Calls for a full explanation as to whether either Euratom or the Government of the Federal Republic of Germany on 10 August 1994 tacitly accepted the risks to large sections of the population of Munich as unauthorized persons were enabled to handle at least 400 gms of plutonium and considerable amounts of lithium 6 in a briefcase;

9. Calls on the Commission to reorganize the internal structure of those of its departments responsible for nuclear matters with the primary aim of improving efficiency, in particular as regards relations between and the respective responsibilities of Directorates-General XVII, XII, XI and IA vis-à-vis nuclear matters;

10. Calls on the 1996 Intergovernmental Conference to develop a clear legal basis for this within the framework of environmental policy;

11. Takes the view that a comprehensive picture of trade in radioactive and nuclear substances of all kinds could be built up through close observation of the market, that the results must be made available to the public, that as a result it will be possible to spot illicit diversion of materials earlier, and that this legally correct approach will make set-piece operations by the secret service and police superfluous, since the latter have not helped to resolve the problem, but are in fact part of the problem themselves;

12. Calls on the 1996 Intergovernmental Conference to clear the way for comprehensive Euratom monitoring of all stocks, including military stocks, and all shipments of nuclear materials on the territory of the European Union;

As regards prevention

13. Calls on the Commission to step up Community aid measures for states and/or firms which are unable to carry out adequate checks;

14. Calls on the Commission to step up its efforts to supply technical assistance to improve the monitoring of the security of nuclear materials in the CIS and the countries of Central and Eastern Europe via cooperation and training programmes, as proposed in the Green Paper 'An energy policy for the European Union' adopted by the Commission;

15. Calls on the Commission to consider seriously the possibility of studying the situation of scientists and technicians in the former Soviet Union and to make provision for measures to ease the social impoverishment of scientists and technicians from the nuclear industry in the former Soviet Union;

16. Calls on the Commission, in connection with funding decisions, to examine what stage has been reached in the cooperation with the countries of Eastern Europe on the development of their own safeguards, how successful that cooperation has been, how it should be stepped up and expanded, and the ensuing staff, organizational and financial requirements, and to inform Parliament whether the secret service operations of the Federal Republic of Germany have jeopardized the cooperation already underway;

17. Calls on the Commission to draw up within six months a detailed analysis of the funding needed by Euratom Safeguards to cover technological, staff and organizational requirements and to withdraw the financial cuts planned in the draft budget;

18. Calls on the Council to draw up a report comparing the standard of physical protection in the Member States with the US systems, which are regarded as rigorous;

19. Calls on the Commission to carry out an investigation into the functioning of the services operating in the sector and to inform Parliament of the findings;

As regards crime

20. Notes that, in both legislative and practical terms, Member States differ widely in the way they track down and punish the illicit trafficking of radioactive substances and nuclear materials, and that they should therefore be called upon to harmonize their legislation in this field without delay;

21. Calls on the Council and the Member States to develop and expand Europol without delay and give it clearly defined tasks, with particular emphasis on intelligence-gathering operations in the sphere of organized crime, the combating of terrorism, sects and the combating of nuclear crime and, given the special political sensitiveness of the subject, ensuring comprehensive parliamentary control;

22. Calls on the parliaments of the Member States which have not yet done so to embark upon ratification of the Europol Convention, taking into account the opinion of the European Parliament, so as to ensure that Europol is able to start its work on combating suspected nuclear crime as soon as possible;

23. Welcomes the progress made, since the publication of the Commission communication, in police and customs cooperation, such as the signing of the Convention on the use of information technology for customs purposes, joint customs surveillance operations and the structured dialogue with third countries, together with the lines of action contained in the La Gomera declaration on terrorism;

24. Takes the view that investigations must also be carried out to establish how far government agencies of third countries are themselves involved in the illicit traffic in nuclear or radioactive substances;

25. Is prepared, with a view to combating the illicit traffic in nuclear materials, to make budget appropriations available under the relevant lines, provided that it is consulted in accordance with Article K.6 of the TEU;

26. Calls on the Commission to make a comparison of the existing legislation in all the Member States concerning action against illicit traffic in nuclear materials and the classification of such traffic as a crime and to inform Parliament thereof;

27. Regards it as essential that the Commission and the Council regularly inform it on the combating of nuclear crime, and that Parliament is consulted in accordance with Article K.6 of the TEU;

28. Calls on the Commission to deliver a report every two years;

29. Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States and the governments and parliaments of the third countries which have applied for membership of the European Union.