WRITTEN QUESTION P-3028/96 by Nel van Dijk (V) to the Commission (6 November 1996)

Subject: Kalkar plutonium for nuclear weapons

Since the closure of the fast breeder reactor at Kalkar the German, Dutch and Belgian partners have been at a loss what to do with 205 fuel elements containing more than a tonne of plutonium. SBK (Schnelle Brüter-Kernkraftgesellschaft) is now negotiating with the American company ANMS (Advanced Nuclear & Medical Systems) on the transfer of the surplus plutonium to ANMS ((See, for example, Netwerk of 20 October and Der Spiegel of 21 October 1996. )). According to one of its employees, ANMS wants to use the plutonium to produce tritium, possibly for nuclear weapons production.

1. Is the Commission aware of the negotiations between SBK and ANMS on the surplus uranium remaining since the Kalkar project ended?

2. If the Commission is aware of these negotiations, can it say if it is also aware that the plutonium may be used to produce tritium, which may in turn be used to produce nuclear weapons?

3. Can the Commission confirm that the governments of Germany, Belgium and the Netherlands and the Commission must approve any contract concerning the transfer of plutonium to a partner outside the Community and that Euratom, as the owner of the nuclear material, should ensure strict compliance with the provisions concerning public safety?

4. Have the governments concerned already given their approval?

5. If the Commission has not been notified under the Euratom Treaty or otherwise of the negotiations between SBK and ANMS, does it agree that such notification is required by the applicable European legislation, and specifically Chapter VIII of the Euratom Treaty, Property ownership, and Chapter X, External relations?

6. Does the Commission agree that the use of the Kalkar plutonium for nuclear weapons production should be prevented at all times, and can it say how it intends to achieve this in the case of the Kalkar plutonium?

Answer given by Mr Papoutsis on behalf of the Commission (21 November 1996)

The Commission is aware that SBK is thinking of selling the plutonium from the fast breeder reactor at Kalkar. However, no contract or draft contract has so far been submitted to the Commission. Generally speaking, the parties are free to negotiate the contracts between them.

Is such a contract is agreed, it will have to be submitted to the Commission for conclusion; the Commission will then check whether it conforms to the Euratom Treaty or any other relevant international agreement (the Non-proliferation Treaty, the Convention on Physical Protection, the London Guidelines etc.).

If the substances in question were intended to be exported from the Community, the Commission would have to give its approval for the exports to take place, which would also require a permit from the Member State on whose territory the substances are situated.

Furthermore, if the substances were to be exported to the United States, they would be subject to the provisions of the Euratom-United States agreement ((OJ L 120, 20.5.1996. )), which stipulates that:

'Non-nuclear material, nuclear material and equipment transferred pursuant to this Agreement and special fissionable material used in or produced through the use of such items shall not be used for any nuclear explosive device, for research on or development of any nuclear explosive device or for any military purpose.'