Council Common Position 2005/329/PESC of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons
Date: 2005-04-25
Institutions: Council of the European Union
Subjects: common foreign and security policy, international security, nuclear non-proliferation, the EU's international role

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Official Journal of the European Union

27.4.2005

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2005/329/PESC

of 25 April 2005

relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

The European Union continues to regard the Treaty on
the Non-Proliferation of Nuclear Weapons (NPT) as the
the global nuclear non-proliferation
cornerstone of
regime,
the pursuit of
nuclear disarmament in accordance with Article VI of
the NPT and an important element in the further deve-
lopment of nuclear energy applications
for peaceful
purposes.

foundation for

the essential

On 17 November 2003 the Council adopted Common
Position 2003/805/CFSP on the universalisation and rein-
forcement of multilateral agreements in the field of non-
proliferation of weapons of mass destruction and means
of delivery (1). On 12 December 2003 the European
Council adopted a Strategy against proliferation of
Weapons of Mass Destruction.

The United Nations Security Council unanimously
adopted Resolution 1540 (2004), describing the proli-
feration of weapons of mass destruction and their
means of delivery as a threat to international peace and
security.

the
The 1995 Review and Extension Conference of
Parties
to the Treaty on the Non-Proliferation of
Nuclear Weapons with the task of examining the
extension adopted
Treaty and the question of
decisions on the indefinite extension of the Treaty on
the Non-Proliferation of Nuclear Weapons, on principles
and objectives for nuclear non proliferation and disar-
mament and on strengthening the review process for
that Treaty and a resolution on the Middle East.

its

On 13 April 2000 the Council adopted Common
Position 2000/297/CFSP relating to the 2000 Review
Conference of the Parties to the Treaty on the Non-Proli-
feration of Nuclear Weapons (2).

(6)

(7)

(8)

(9)

The 2000 NPT Review Conference adopted a final
document.

The Preparatory Committee for the 2005 NPT Review
from 8 to 19 April
Conference held three sessions,
2002 in New York, 28 April
to 9 May 2003 in
Geneva and 26 April to 7 May 2004 in New York.

On 29 April 1997 the Council adopted Joint Action
97/288/CFSP on the European Union's contribution to
the promotion of transparency in nuclear-related export
controls (3).

On 17 May 2004 the Council adopted Joint Action
2004/495/CFSP on support
for IAEA activities under
its Nuclear Security Programme and in the framework
of the implementation of the EU Strategy against Proli-
feration of Weapons of Mass Destruction (4).

(10) On 1 June 2004 the Council adopted a statement of
the Proliferation Security Initiative on

for

support
Weapons of Mass Destruction.

(11)

(12)

States

the Non-Nuclear-Weapon

The Additional Protocol to the Verification Agreement
of
between
the
European Atomic Energy Community
(EURATOM),
Energy
the
EURATOM and
Agency (IAEA), the Additional Protocol to the Safeguards
Agreement between France, EURATOM and the IAEA,
and
Safeguards
Protocol
Agreement between the United Kingdom, EURATOM
and the IAEA have been signed and entered into force
on 30 April 2004.

International Atomic

the Additional

the

to

the 2000 Review
the outcome of
In the light of
Conference and of the discussions at the three sessions
of the Preparatory Committee for the NPT 2005 Review
Conference, and bearing in mind the current situation, it
the
is
objectives set out in Common Position 2000/297/CFSP,
and the initiatives carried out under its terms,

and develop further

appropriate

to update

(1) OJ L 302, 20.11.2003, p. 34.
(2) OJ L 97, 19.4.2000, p. 1.

(3) OJ L 120, 12.5.1997, p. 1.
(4) OJ L 182, 19.5.2004, p. 46.

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HAS ADOPTED THIS COMMON POSITION:

Article 1

The objective of the European Union shall be to strengthen the
international nuclear non proliferation regime by promoting the
successful outcome of
the
Parties to the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT).

the 2005 Review Conference of

Article 2

For the purposes of the objective laid down in Article 1, the
European Union shall:

the NPT at

(a) contribute to a structured and balanced review of

the
the 2005 Review Conference,
operation of
including the
the
States Parties under the said Treaty, as well as the identifi-
cation of areas in which, and of means through which,
further progress should be sought in future;

implementation of undertakings of

(b) help build a consensus on the basis of the framework estab-
lished by the NPT by supporting the Decisions and the
the 1995 Review and Extension
Resolution adopted at
Conference and the final document of
the 2000 NPT
Review Conference, and shall bear in mind the current
situation and shall promote
following
essential issues, including:

inter

alia

the

1. undertaking efforts to preserve the integrity of the NPT

and strengthen its implementation;

2. recognising that the NPT is a unique and irreplaceable
multilateral instrument for maintaining and reinforcing
international peace, security and stability,
it
establishes a legal framework for preventing increased
proliferation of nuclear weapons and for developing
further a verification system guaranteeing that non-
nuclear-weapons States use nuclear energy solely for
peaceful purposes, and that it represents the essential
foundation for the pursuit of nuclear disarmament in
accordance with Article VI thereof;

in that

3. working towards universal accession to the NPT;

4. stressing the absolute necessity of full compliance with
all the provisions of the NPT by all States Parties;

7. stressing the need to strengthen the role of the UN
Security Council, as final arbiter,
in order that it can
take appropriate action in the event of non-compliance
with NPT obligations, in keeping with the Statute of the
International Atomic Energy Agency (IAEA), including
the application of safeguards;

8. drawing attention to the potential

international peace and security of withdrawal
the NPT. Urging
the
discourage withdrawal from the said Treaty;

adoption of measures

implications for
from
to

9. calling for nuclear cooperation to be suspended where
the IAEA is not able to provide adequate assurances
that a State's nuclear programme is designed exclusively
for peaceful purposes, until such time as the Agency is
able to provide such assurances;

10. calling on all States in the region to make the Middle
East into an effectively verifiable zone free of nuclear
weapons and other weapons of mass destruction and
their delivery systems, in keeping with the Resolution
on the Middle East adopted at the 1995 Review and
Extension Conference;

11. since security in Europe is linked to security in the
Mediterranean, giving top priority to implementation
of the nuclear non-proliferation regime in that region;

12. acknowledging the importance of nuclear-weapon-free
zones
and security, on the basis of
arrangements freely entered into between the States of
the region concerned;

for peace

13. stressing the need to do everything possible to prevent
the risk of nuclear terrorism, linked to possible terrorist
access to nuclear weapons or materials that could be
used in the manufacture of
radiological dispersal
devices and,
in this context, stressing the need for
compliance with obligations under Security Council
Resolution 1540 (2004). Calling for tighter security
for high activity radioactive sources. Supporting G8
and IAEA action in this regard;

5. calling on all States not party to the NPT to pledge
commitments to non-proliferation and disarmament
and calling on those States to become States Parties
to the NPT as non nuclear weapon States.

14. recognising that, in the light of the increased threat of
the Proliferation
nuclear proliferation and terrorism,
Security
the Global Threat Reduction
Initiative and the G8 Global Partnership Initiative
should be approved;

Initiative,

6. recognising that serious nuclear proliferation events
the 2000 Review

have occurred since the end of
Conference;

15. calling for universal accession to the Comprehensive
Safeguards Agreements and Additional Protocols;

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Official Journal of the European Union

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16. recognising that Comprehensive Safeguards Agreements
and Additional Protocols have a deterrent effect on
nuclear proliferation and form today's verification
standard, and continuing to work for increased detec-
tability of any violations of Treaty obligations;

17. working for

recognition by the

Governors that
Safeguards Agreement and an Additional Protocol
today's verification standard;

IAEA Board of
the conclusion of a Comprehensive
is

18. highlighting the IAEA's unique role in verifying States'
nuclear Non-proliferation
compliance with
commitments
to
tighten up the security of nuclear materials and instal-
lations, and calling on States to support the Agency;

and helping them, on request,

their

26. underlining the importance of continuing international
cooperation in order to strengthen nuclear safety, safe
waste management and radiological protection and
calling upon States that have not yet done so to
the relevant conventions as soon as
accede to all
possible
ensuing
to
and
commitments;

implement

fully

the

27. noting that the States Parties to the NPT, may, pursuant
to Article IV thereof, have resort to peaceful uses of
inter alia in the area of production of
nuclear energy,
electricity, industry, health and agriculture;

28. urging the formulation of guarantees of access to
nuclear fuel services, or to fuel itself, subject to appro-
priate conditions;

19. recognising the importance of appropriate effective
export controls,
in compliance with Security Council
Resolution 1540 (2004) and in accordance with
Article III.2 of the NPT;

29. noting the report of the IAEA's expert group on multi-
national approaches to the nuclear
fuel cycle and
promoting an early start to its scrutiny by the IAEA;

20.

implementing, at national level, effective export, transit,
transhipment and re-export controls, including appro-
priate laws and regulations for that purpose;

21. enacting effective criminal sanctions to deter illegal
export,
and related
financing, in compliance with UNSC Resolution 1540
(2004);

transit, brokering,

trafficking

30. stressing, while

the nuclear

acknowledging

arms
reductions which have taken place since the end of
the cold war,
the need for an overall reduction in
nuclear arsenals in the pursuit of gradual, systematic
nuclear disarmament under Article VI of the NPT and
welcoming,
the
Moscow Treaty by the Russian Federation and the
United States of America in 2002, while stressing the
need for more progress in reducing their arsenals;

the ratification of

in this context,

22. urging the Zangger Committee

and the Nuclear
Suppliers Group to share their experience on export
controls,
can draw on the
arrangements of
the Zangger Committee and the
Nuclear Suppliers Group (NSG) guidelines;

so that

States

all

23. pointing up the need to strengthen the

Guidelines at an early date,
non-proliferation challenges;

to adapt

(NSG)
them to new

24. calling on the States Parties to the Convention on the
to work for

Physical Protection of Nuclear Material
rapid conclusion of an amended Convention;

25. recognising the right of States Parties to the NPT to
nuclear energy for peaceful purposes,
in accordance
with Article IV thereof, with due regard for Articles I,
II and III of the Treaty;

31. stressing the need to implement the declarations made
by the Presidents of Russia and America in 1991 and
1992 on unilateral reductions in their stocks of non-
strategic nuclear weapons and calling on all States with
non-strategic nuclear weapons to include them in their
general arms control and disarmament processes, with
a view to their reduction and elimination;

32. recognising application of the principle of irreversibility
to guide all measures in the field of nuclear disar-
mament and arms control, as a contribution to the
maintenance and reinforcement of international peace,
into
security and stability,
account;

taking these conditions

33. recognising the importance, from the point of view of
nuclear disarmament, of
the
destruction and elimination of nuclear weapons and
the elimination of fissile material as defined under the
G8 World Partnership;

the programmes

for

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34. pursuing efforts to secure transparency, as a voluntary
further

to support

Confidence Building Measure
progress in disarmament;

conditions,

35. since the Comprehensive Nuclear Test Ban Treaty
(CTBT) forms an essential part of the nuclear disar-
mament and non-proliferation regime and with a
view to its entry into force as soon as possible,
without
calling on States, particularly
those listed in Annex II, to sign and ratify the said
Treaty without delay and without conditions and,
pending the entry into force of
the said Treaty,
calling on all States to abide by a moratorium and to
refrain from any action contrary to the obligations and
provisions of
the
importance of
the CTBT Organisation
Preparatory Commission and actively supporting the
the States
the Special Representative of
work of
charged with
the
which
promoting universal accession to the Treaty;

the
the work of

said Treaty. Highlighting

ratified

Treaty

have

applicable

36. appealing again to the Disarmament Conference for the
immediate commencement and early conclusion of a
Treaty
universally
non-discriminatory,
banning the production of fissile material for nuclear
weapons or other nuclear explosive devices, without
pre-conditions, and bearing in mind the special coordi-
nator's report and the mandate included therein and,
pending entry into force of the said Treaty, calling on
all States to declare and uphold a moratorium on the
production of fissile material for nuclear weapons or
other nuclear explosive devices. The EU welcomes the
action of those of the five nuclear-weapon States which
have decreed the relevant moratorium;

(BTWC),

Chemical Weapons
the
Convention
Convention (CWC) and the conventions, measures
and initiatives
arms
control;

contributing to conventional

42. calling for universal accession to and effective imple-
the Hague Code of Conduct against

mentation of
Ballistic Missile Proliferation;

43. working for the resolution of the problems of regional
instability and insecurity and of the conflict situations
which are often at the root of armament programmes.

Article 3

Action taken by the European Union for the purposes of Article
2 shall comprise:

(a) where appropriate, demarches by the Presidency, pursuant
to Article 18 of the Treaty on European Union, with a view
to promoting the universality of the NPT;

(b) demarches by the Presidency, pursuant to Article 18 of the
Treaty on European Union, with regard to States Parties to
the NPT, in order to urge their support for the objectives set
out in Article 2 of this Common Position;

(c)

the pursuit of agreement by Member States on draft
proposals on substantive issues for submission on behalf
of the European Union for consideration by States Parties
to the NPT which may form the basis for decisions of the
NPT 2005 Review Conference;

37. calling on all States concerned to take appropriate
practical measures in order to reduce the risk of acci-
dental nuclear war;

(d) Statements by the European Union delivered by the
Presidency in the General Debate and in the debates in
the three Main Committees.

38. pursuing

consideration of

security
assurances to the non-nuclear-weapon States Parties
to the NPT;

issue of

the

39. calling on nuclear-weapon States to reaffirm existing
security assurances noted by the United Nations
Security Council in Resolution 984(1995) and to sign
and ratify the relevant protocols on nuclear-weapon-
free zones, drawn up following the requisite consul-
tations,
security
that
assurances are available to such zones;

Treaty-based

recognising

Article 4

This Common Position shall
adoption.

take effect on the date of

its

Article 5

This Common Position shall be published in the Official Journal
of the European Union.

Done at Luxembourg, 25 April 2005.

40. stressing the need for general disarmament;

41. highlighting the importance of universal accession and
implementation of the Biological and Toxins Weapons

For the Council
The President

J. ASSELBORN