CELEX: 51977PC0519
Language: en
Date: 1977-10-19
Title: DRAFT COUNCIL DECISION GIVING GUIDELINES TO THE COMMISSION FOR THE NEGOTIATION OF A SAFEGUARD AGREEMENT BETWEEN THE EAEC, FRANCE AND THE IAEA (Communication from the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 519
Vol. 1977/0164
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(77)519 final.
                                                        Brussels . 19 October 1977
                                DRAFT COUNCIL DECISION
                GIVING GUIDELINES TO THE COMMISSION FOR THE NEGOTIATION
                OF A SAFEGUARD AGREEMENT BETWEEN THE EAEC . FRANCE AND THE IAEA
                    (Communication from the Commission to the Council )
COM ( 77 ) 519 final .
 ---pagebreak---            COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
On 16 May 1975 , the French Delegation informed the Permanent
Representatives Committee that the French Government was prepared to
commence negotiations for a verification agreement to he signed
between Euratom , France and the IAEA , following the signing of the
Verification Agreement between Euratom f the United Kingdom and the
IAEA , once Regulations No 7 and 8 of the Commission of the EAEC had
been amended in such a way as to permit the IAEA/Euratom Verification
Agreement of 5 April 1973 to enter into force* The Euratom/UK/lAEA.
Agreement was signed on 6 September 1976 and the new Regulation on
Euratom safeguards entered into force in January 1977 *
The French Permanent Representative 1 s Office confirmed to the
Commission last July that the Frenoh Government agreed in principle
to the negotiation, in conjunction with Euratom , of an agreement with
the IAEA * Such an agreement would allow the IAEA to verify the
safeguards attached by Euratom in France to certain materials which
the IAEA may decide to subject to such verification.
The Member State in question specified that such an agreement should
take into account France's speoial situation as a military nuclear
power and that , in particular, the text should be drafted in such a
way as to avoid any direct or indirect repercussions on any materials
other than those which France would explicitly decide to subject to
such safeguards •
The Commission is of the opinion that the signing of such a verification
agreement is desirable , since it will make it possible to ensure the
necessary homogeneity in the implementation of the Community* s and
Member States * external commitments in the matter of safeguards . It
would be appropriate for IAEA safeguards , when applied in France , to
be applied in accordance with procedures based on the same principle
(verification of Euratom safeguards by the IAEA) which was the basis of
the Agreement signed on 5 April 1973 between Euratom, seven Member States
and the 3EAE , and the Agreement signed on 6 September 1976 between Euratom ,
the United Kingdom and the IAEA* .
 ---pagebreak--- To stun up , the Commission requests the Council to take a decision
giving guidelines for the negotiation of a verification agreement
"between Euratom , Franoe and the International Atomio Energy Agency
A draft decision    to this effect is attached to this communication
 ---pagebreak---           DRAFT COUNCIL DECISION GIVING GUIDELINES TO THE
COMMISSION FOR THE NEGOTIATION OF A SAFEGUARD AGREEMENT BETWEEN THE EAEC .
                         FRANCE AND THE IAEA
The Council of the European Communities ,
Having regard to the Treaty establishing the European Atomic Energy
Community, and in particular the second paragraph of Article 101 thereof }
Having regard to the proposal from the Commission;
Whereas the French Government considers it necessary in oertain
circumstances , and with its agreement , that the International Atomic
Energy Agency should he in a position to ensure that certain source
materials and special fissile materials located in nuclear installations
or parts thereof in France are used exclusively for peaceful means ;
Whereas the French Government has expressed its wish for an agreement to
he concluded for this purpose with the European Atomic Energy Community ,
hereinafter called the "Community" and with the International Atomio
Energy Agency, hereinafter called the "Agency";
HAS DECIDED AS FOLLOWS :
1*   The Commission is hereby instructed to negotiate with the Agency ,
on the "basis of Article 2(h) of Artiole 77 (b) and Article 101 of the
Euratom Treaty , an outline agreement permitting application of Agency
safeguards in France on such source materials and special fissile
materials in nuclear installations or parts thereof situated in France
as the French Government agrees to subject to such safeguards .
The obligations resulting from such negotiations shall be incorporated
in an agreement whioh shall be governed by Artiole 102 of the Euratom
Treaty and to which the Community and France shall be parties , each
to the extent to which it is conoerned *
 ---pagebreak--- The negotiations shall be conducted "by a delegation comprising
representatives of the Commission and France .
2.  The Commission shall , to an appropriate extent , base its
negotiations on the safeguards procedures laid down in the Agreement
of 6 September 1976 between the Community, the United Kingdom and
the Agency , subject to any amendments which may be necessary in
order to take into account the special situation of France as a
nuclear-weapon State and as a non-signatory to the Treaty on the
Non-Proliferation of Nuclear Weapons *
3*  The agreement shall be based on the principle of verification
by the Agency of the results of the system of Community safeguards ,
due account being taken of the efficiency of this system .
4*  The agreement shall be formulated in such a way that its
application will involve no direct or indirect effect , in particular
as regards the exercise of Euratom safeguards in France , on materials
not subject to Agency safeguards .
5.  The agreement shall not in any way affeot the provisions of the
Euratom Treaty.
6.  Verification shall be organized in such a way as not to interfere
with the free movement within the Community of nuclear materials
subject to safeguards as laid down by the agreement .