WRITTEN QUESTION P-1899/96 by MaLou Lindholm (V) to the Commission (5 July 1996)

Subject: Nuclear material

The Commission based their negotiations for the US/Euratom agreement on no prior consent approval: what is the view of the Commission on France's commitment not to retransfer Russian highly enriched uranium without prior permission?

Given the provisions of Article 52 of the Euratom Treaty to the effect that the European Community has formal ownership of all civilian nuclear material within the Community, does the Commission believe that the agreement is in violation of the Euratom Treaty?

Can the Commission confirm that it supports the continued operation of the Dounreay research reactor reprocessing facility, and that this is despite the concerns of EU and non-EU member governments about the environmental effects from radioactive discharges from the Dounreay site?

Answer given by Mr Papoutsis on behalf of the Commission (31 July 1996)

1. The agreement between Euratom and the United States that came into force in April 1996 contains certain reciprocal consent provisions. These deal, for instance, with re-export out of the territory of the Community and of the United States of nuclear material, including high enriched uranium (HEU), where such material is subject to the provisions of the agreement.

2. The Commission was consulted by the French authorities, in accordance with Article 103 of the Euratom Treaty, on the draft of the agreement between France and Russia dealing with supply of HEU. The Commission concluded that the draft did not contain clauses which impede the application of the Euratom Treaty, and the agreement between France and Russia was then signed in April 1996.

3. The attention of the Honourable Member is drawn to the fact that the so-called London guidelines for nuclear transfers (known as International atomic energy agency (IAEA) document INFCIRC 254, Part I) to which 34 states, including all Member States, Russia and the United States subscribe, contain provisions on re-export of HEU.

4. In a declaration of common policy in November 1984 (known as IAEA document INFCIRC 322) on the adoption by Member States of these guidelines, additional arrangements were put in place dealing with transfers between Member States of high enriched uranium.

5. The operation of the Dounreay site is a matter within the competence of the United Kingdom. Discharges are controlled under the terms of an authorization issued under the United Kingdom's Radioactive Substances Act. Although the terms of that authorisation are presently under review, it is understood that, in respect of liquid discharges, authorised limits for the site are unlikely to be increased. In respect of gaseous discharges from the site, it is understood that the operators have asked for an increase in authorised discharges of krypton 85. It is not known whether that request will be accepted or not.

6. It is the role of the Commission to ensure that Member States comply with the terms of the basic safety standards (Council Directive of 15 July 1980 ((OJ L 246, 17.9.1980. ))). The Commission has no evidence that the United Kingdom is failing in its obligations under that Directive in respect of discharges from the Dounreay site.