Explanatory Memorandum to COM(1977)519 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1977)519 - . |
|---|---|
| source | COM(1977)519  |
| date | 19-10-1977 |
COLLECTION RELIEE DES DOCUMENTS 'COM'
COM (77)519
Vol. 1977/0164
Disclaimer
Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du ler fevrier 1983 concernant I’ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de I’energie atomique (JO L 43 du 15.2.1983, p.
1), tel que modifie par le reglement (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 echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a I’article 5 dudit reglement.
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 Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.
1), geandert 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 Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.
COMMISSION OF THE EUROPEAN COMMUNITIES
COK(77) 519 final.
Brussels, 19 October 1977'
DRAFT COUNCIL DECISION
GIVING GUIDELINES TO THE COMMISSION FOR THE NEGOTIATION
OF A SAFEGUARD AGREEMENT BETVJEEN THE EAEC , FRANCE AND THE IAEA
(Communication from the Commission to the Council)
COM(77) 519 final.
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, 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 foroe in January 1977*
The French Permanent Representative’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• v
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* .
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
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 oonoerned.
The negotiations shall he conducted hy 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 subjeot to safeguards as laid down by the agreement.