B4-0118, 0119 and 0120/95

Resolution on the nuclear cooperation agreement between Euratom and the US

The European Parliament,

- having regard to its opinion of 20 May 1988 on the proposal for a recommendation to the Member States on developing the exploitation of renewable energy sources in the Community ((OJ C 167, 27.6.1988, p. 458.)),

- having regard to its resolutions of 13 June 1991 on energy and the environment ((OJ C 183, 15.7.1991, pp. 303 and 308.)),

- having regard to its resolution of 29 September 1994 on illegal trafficking in nuclear materials ((OJ C 305, 31.10.1994, p. 78.)),

A. whereas the 1960 Additional Cooperation Agreement between Euratom and the US expires at the end of 1995,

B. whereas the US authorities have for a long time tried to negotiate a new agreement adapted to their Nuclear Non-Proliferation Act of 1978 (NNPA),

C. whereas the negotiations have not yet been concluded,

D. noting the disagreement between the EU and the US concerning the desirability of using a permanent waiver of certain rules laid down in the 1978 NNPA,

E. whereas the Council at its meeting on 19 December 1994 confirmed the negotiating mandate given to the Commission in December 1991,

F. whereas this mandate has not been published,

G. noting that the Treaty on European Union intends to 'enhance further the democratic and efficient functioning of the institutions so as to enable them better to carry out, within a single institutional framework, the tasks entrusted to them¨; noting further that, whereas the Treaty establishing the European Community includes provisions that strengthen the participation of Parliament in most policies, the Euratom Treaty is still characterised by a considerable democratic deficit, making it partially obsolete,

H. whereas in this case, as in other cases concerning the Euratom Treaty, Parliament should be fully informed, including the definition of the mandate - if necessary on a confidential basis - at each stage of the negotiations; whereas its opinion must be taken into account before the end of the negotiations and it must be consulted before the signing of a new EU - US agreement according to the optional procedure, pending the forthcoming integration of the Euratom Treaty into the EC Treaty,

I. whereas fruitful cooperation between the EU and the US in nuclear affairs has to take into account both general energy policies and the legislation of both parties, as well as multilateral agreements in this sector,

J. having regard to the arrangements based on the most rigorous control criteria of the fuel cycle and in particular taking into account the increased proliferation risks linked to the new international political context,

K. whereas the end of the cold war and negotiations aimed at reducing strategic nuclear reserves have altered the world nuclear balance,

L. whereas new challenges have emerged regarding the monitoring of nuclear safety for the fissile material thus made available,

M. whereas the role of the European Union in the world has thus become more important because of the contribution it can make towards resolving the new problems of nuclear proliferation;

N. taking into consideration the stated EU aims of non-proliferation and environmental risks caused by plutonium production and trafficking (cf. the paper by the German Presidency of September 1994 on the forthcoming NPT review conference),

O. pointing out that in 1994 the US Department of Energy published a study concluding that nuclear weapons can be produced using plutonium of any grade (i.e. reactor grade, fuel grade or super grade),

P. concerned that worldwide developments are endangering the purposes of non- proliferation, and that policy developments regarding nuclear weapons threats have consequences for the proliferation of civil nuclear material and technology in one part of the world and are disputed in other parts,

Q. whereas current negotiations between the European Union and the US on the renewal of the US - Euratom agreement on nuclear cooperation have important implications both in the fields of energy policy and nuclear cooperation and in other spheres, in particular economic viability and employment, environment and health, transport, foreign and security policy (including nuclear non-proliferation),

1. Requests the Council and the Commission, as a follow-up to the initial exchanges of views with Parliament and its relevant committee, to inform Parliament thoroughly on the negotiating mandate for the new agreement on nuclear cooperation between the US and Euratom, especially regarding US conditions on and control over the processing of nuclear material of US origin, as well as on the progress of the negotiations, and to take its views duly into account before the conclusion of the negotiations; calls on the Council to consult it before the signature of the new agreement;

2. Instructs its relevant committee, in the context of Parliament's involvement and in order to prepare Parliament's positions as formulated above, to remain actively involved in this process including:

- further exchanges of views with the Commission and the Council, to be based on timely and full information on aims, developments and prospects of the current negotiations,

- research by and consultations with experts, internal and external to Parliament, including the consequences if no new agreement on nuclear cooperation with the US comes into force on 1 January 1996;

3. Demands that the new agreement:

- enhance rigorous and effective control mechanisms, restricting the production, isolation, stockpiling, trade and trafficking of plutonium and weapons-grade uranium and other nuclear material in excess of the needs of a cost-effective and environmentally responsible energy policy, and guarantee transparency in this respect,

- take into account, besides policy considerations in the field of nuclear cooperation itself, consequences in the spheres of economic viability and employment, environment and health, as well as foreign and security policy,

- in the context of the above points, give the highest priority to nuclear non-proliferation;

4. Considers it essential to develop a general political debate within Parliament and among all institutions of the Union on the Union's role in the nuclear field on the world stage, not least in the context of the Union's future energy policies;

5. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States.