WRITTEN QUESTION E-1113/98 by Hiltrud Breyer (V) to the Commission (8 April 1998)

Subject: Highly enriched uranium supplies for the Munich research reactor (FRM-II)

1. When was the Commission informed about the bilateral negotiations between Germany and Russia on the supply of up to 1.2 tonnes of highly enriched uranium (HEU) for the FRM II reactor?

2. Was the EU involved in these negotiations or was the outcome of the negotiations agreed with the EU? If so, when and how?

3. Is it correct that the HEU is intended solely for use in the FRM-II and its further movement within Germany or within the EU is not permitted?

4. Is it correct that Russia has been granted far-reaching prior consent rights with regard to the use and further movement of the HEU? If so, what is the Commission's position on this agreement?

5. Has the EU already accepted the bilateral agreement between Germany and Russia? If not, how does the EU view the agreement? If so, on what grounds does the EU accept prior consent rights for Russia for highly enriched uranium when the USA was not granted such rights?

6. What is the situation of the talks (formal or informal) between the EU and Russia on their own nuclear framework agreement?

7. Did the Council give a mandate for official negotiations on such an agreement? If so, when and what did the mandate cover?

8. What consequences would the conclusion of a framework agreement between the EU and the Russian government have on the effectiveness of the bilateral German-Russian agreement? Would Russia keep its prior consent rights regarding the use and further movement of the 1.2 tonnes of HEU for the FRM-II?

Answer given by Sir Leon Brittan on behalf of the Commission (25 May 1998)

Germany submitted, pursuant to Article 103 of the Euratom Treaty, by letter dated 13 August 1997, the draft of a bilateral agreement with the Russian Federation for the supply of 1 200 kilogrammes of enriched uranium to be used in the research reactor Munich II throughout its lifetime. The Commission was not associated with the negotiation of the draft agreement.

The Russian Federation has been granted prior consent rights by Germany in the agreement. The agreement states, however, that it does not modify, in particular, obligations imposed on Germany as a party to Euratom.

By letter dated 25 September 1997 the Commission informed the German authorities that it concluded from the text that the agreement did not contain clauses which impede, in practice, the application of the Euratom Treaty. The Euratom Supply Agency will be involved in the supply of this uranium in accordance with the relevant provisions of Chapter VI of the Euratom Treaty.

The Commission is not involved, other than through the provisions laid down in Article 103 of the Euratom Treaty, in the negotiation of bilateral agreements between Member States and third parties. Any further detailed questions concerning this bilateral agreement should be referred to the German authorities.

The agreement negotiated between Germany and the Russian Federation to which the Honourable Member refers has not yet been signed.

The agreement on partnership and co-operation concluded between the Community and the Russian Federation on 24 June 1994 and which entered into force on 1 December 1997, provides the framework within which specific bilateral agreements including on trade in nuclear materials may be concluded. Arrangements for the implementation of specific co-operation projects are under discussion.