CELEX: 51974PC0283
Language: en
Date: 1974-03-07
Title: Draft DECISION OF THE COUNCIL laying down directives for the Commission concerning the negotiation of a safeguards agreement between the European Atomic Energy Community, the International Atomic Energy and the United Kingdom (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 283
Vol. 1974/0052
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OE THE BUROEBAN COMMU
                                                COM(74)283 final
                                                Brussels , 7 March 1974
                                    Draft
                            DECISION OF THE COUNCIL
   laying down directives for the Commission concerning the negotiation of
   a safeguards agreement between the European Atomic Energy Community , the
   International Atomic Energy and the United Kingdom
                 ( submitted to the Council by the Commission)
   COK(74 ) 233 final
 ---pagebreak---                     COMMISSION COMMUNICATION TO THE COUNCIL
   Subject i Safeguards agreement to be negotiated between the United
              Kingdom , the' European Atomic Energy Community and the Inter­
              national Atomic Energy Agency#
1.       Pursuant to the Treaty on the Non-Proliferation of Nuclear
   Weapons ( NPT), a safeguards agreement was signed in Brussels ®n 3
   April 1973' between the International Atomic Energy Agency ( IAEA), the
   European Atomic Energy Community and the latter' s seven Member States
   which are non-nuclear-weapeni States .
2.       As a nuclear-weapon State the United Kingdom is not . bound by the
   NPT to conclude a safeguards agreement with the IAEA . In December 19&7 »
   however , while the NPT was being prepared , the Government of the
   United Kingdom -like the United States Government- declared that when
   the safeguards agreements concluded under that Treaty were implemented
   in the non-nuclear-weapon States it would be prepared to accept
   voluntarily the application ©f similar safeguards to the United Kingdom ,
   subject only tc the limitations necessary for national security .
2*       In April 1970 , during the negotiations for accession to the
   European Communities , the United Kingdom delegation specified that the
   verification procedures laid down in the agreement to' be negotiated
   between Euratom , its non-nuclear-weapon Member States and the IAEA
   could be used to give effect to the voluntary offer made by the
   United Kingdom , In other words , the Government of the United Kingdom
   agreed , within the limits of its voluntary offer , that its peaceful
   nuclear activities which are already subject to Euratom safeguards
   should also be subject to "verification" by the IAEA ,. on the basis
   of the procedures for cooperation between the Euratom and IAEA safe­
   guards systems laid down in the Agreement signed on 5 April 1973 »
 ---pagebreak---                                    - 2 -                 XII/67/7* E
        Under Community law , therefore , the safeguards agreement
 envisaged will be of the " mixed" type , governed by the provisions
 of Article 102 of the Euratom Treaty , since , in addition to the
 IAEA , the Community and a Member State will be parties thereto each
 to the extent to whifch it is- concerned .
          The Community will take part in the negotiations according
 to the procedure provided for in Article 101 of the Euratom Treaty ,
 which provides in particular tljat the Commission shall negotiate
 in accordance with the directives of the Council .
>i ' • For thig purpose , the Commission has prepared draft directives
 which , while taking into account the position of the United Kingdom-
 a nuclear-weapon State- with regard to the NPT , are based on the
 directives adopted by the Council on 20 September 1971 for the
 negotiation of the agreement with the non-nuclear-weapon Member
 States .
          Thus , annexed heret® , the Commission submits to the Council
 a draft decisien issuing directives to the Commission for . the nego­
 tiation of a safeguards agreement between the EAEC , the IAEA and the
 United Kingdom .
 ---pagebreak---                                                         XI 1/67/7H F
                              D R A F T
                      DECISION CF  THE COUNCIL
     • LAYING DOWN DIRECTIVES FOR THE COMMISSION CONCERNING THE
NEGOTIATION OF A SAFEGUARDS AGREEMENT BETWEEN THE EAEC , THE IAEA
                       AND THE UNITED KINGDOM
          The Council of the European Communities ,
          Having regard to the Treaty establishing the EAEC , and in
 particular the second paragraph of article 101 thereof ;
          Having regard to the draft from the Commissisn ;
          Whereas the United Kingdom is Party to the Treaty on the Non-
 Proliferation of Nuclear Weapons and whereas it is a nuclear-weapon
 State within the meaning of this Treaty ;
          Whereas the Government of the' United Kingdom has declared
 that when the safeguards agreements concluded pursuant to the NPT
 are implemented in the non-nuclear-weapon States it will be prepared
 to accept the application of similar safeguards to the United Kingdom ,
 subject only to the limitations necessary for national security }
          Wherea6 in order to ensure the necessary cohesion in the ful-
 filment of the external obligations of the Community and the Member
 States in the field of safeguards it is appropriate that these
 safeguards be laid down in an agreement concluded between the EAEC ,
 the United Kingdom and the IAEA ;
          Whereas an Agreement in implementation of the NPT was signed
 on 5 April 1973 between the seven non-nuclear-weapon Member States
 of the EAEC , the EAEC and the IAEA ;
          Having noted that the United Kingdom Government has stated
 that the verification procedures laid down in this Agreement could
 be used to give effect to the voluntary offer madd by the United
 Kingdom ;
          Has adopted this decision :
         The Council hereby instructs the Commission to negotiate with
 the IAEA , on the basis of Articles 2(h ), 77 ( h )» 101 and 199 of the
 Treaty establishing the EAEC , an agreement concerning the application
 ---pagebreak---                                      - 2 -                 XI 1/67/7^ E
     of safeguards to all source material and all special fissile materials
     used in all peaceful nuclear activities performed in the territory
     of the United Kingdom , aubject only to the limitations necessary
     for national security *
            The obligations resulting therefrom shall be incorporated in
     an agreement governed by the provisions of Article 1G2 of the Treaty
     establishing the EAEC,' to which the Community and the United Kingdom
     shall be parties each to the extent to which it is concerned .
            The negotiations shall be conducted by a delegation comprising
     representatives of the Commission and the United Kingdom .
2.         Wherever . possible the Commissi®n shall be guided by the safe­
     guards procedures laid down in the agreement with the IAEA signed
     on 5 April 1973 , subject to such amendments thereto as it may
     consider necessary in order to take into account the special position
     of the United Kingdom , which is a nuclear-weapon power , with regard
     to the NPT , and of the circumstances surrounding the United Kingdom 's
      voluntary offer .
3*         The agreement shall be founded on the principle of verification
     by the IAEA of the results of' the Euratom safeguards system , having
     due regard to the effectiveness of this system .
           The agreement shall not conflict with the provisions of the
     EAEC Treaty .
                                     J •
5*         Verification shall be organized in such a way' that it does not
     impede the free movement within the Community of nuclear materials
■' , subject to the agreement#