Proposal for a Council Decision approving the conclusion by the Commission of the safeguards agreement between the European Atomic Energy Community, France and the International Atomic Energy Agency (IAEA) pursuant to Additional Protocol I of the Treaty of Tlatelolco
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11. 09. 1998 COM(91998) 525 final Proposal for a COUNCIL DECISION approving the conclusion by the Commission of the safeguards agreement between the European Atomic Energy Community, France and the International Atomic Energy Agency (IAEA) pursuant to Additional Protocol I of the Treaty of Tlatelolco (presented by the Commission) EXPLANATORY MEMORANDUM 1 On 15 September 1997 the Council adopted a Decision1 giving the Commission directives to negotiate a safeguards agreement between Euratom, France and the IAEA in accordance with Additional Protocol I of the Treaty of Tlatelolco for the prohibition of nuclear weapons in Latin America and the Caribbean. 2. This is to inform the Council that the negotiations have been concluded. It therefore includes a proposal for a Council Decision approving the conclusion of the safeguards agreement by the Commission. RESULT OF NEGOTIATIONS 3. By letter of 27 November 1997,2 the French Foreign Ministry informed the Commission that it approved the draft trilateral agreement drawn up following the negotiations. The Board of Governors of the IAEA decided in June 1998 to authorise conclusion, and subsequent implementation of this safeguards agreement, subject to approval by the EU. Council. The agreement, emerging from the negotiations, is in line with the Council directives referred to above. FOLLOW-UP 4. The next steps towards entry into force of the safeguards agreement are: (i) a Council Decision approving the conclusion of the safeguards agreement (and accompanying Protocols) by the Commission on behalf of the European Atomic Energy Community; (ii) signature of the safeguards agreement by the Parties; (iii) the safeguards agreement to be ratified by France and then to enter into force in accordance with the provisions of Article 102 of the Euratom Treaty. CONCLUSION 5. The Council is requested to approve the conclusion by the Commission, in accordance with the provisions of the second paragraph of Article 101 of the Treaty establishing the European Atomic Energy Community, of the safeguards agreement (and accompanying Protocols) between: the European Atomic Energy Community, France and the International Atomic Energy Agency (IAEA) pursuant to Additional Protocol I of the Treaty of Tlatelolco by means of the subject proposal for a Council Decision. cf. document 10018/97 ATO 59. Letter from Mr Dufourcq, Secretary-General of the Ministry of Foreign Affairs. I by means of the subject proposal for a Council Decision. 3 Proposal for a COUNCIL DECISION approving the conclusion by the Commission of: the safeguards agreement between the European Atomic Energy Community, France and the International Atomic Energy Agency (IAEA) pursuant to Additional Protocol I of the Treaty of Tlatelolco. THE COUNCIL OF THE EUROPEAN UNION, 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 for a decision presented by the Commission, Whereas, in accordance with the Council's directives, the Commission has negotiated a safeguards agreement between the European Atomic Energy Community, France and the International Atomic Energy Agency (IAEA) pursuant to Additional Protocol I of the Treaty of Tlatelolco; Whereas approval should be given for the Commission to conclude the agreement, HAS DECIDED AS FOLLOWS: Sole Article The conclusion by the Commission of the safeguards agreement (and accompanying Protocols) between the European Atomic Energy Community, France and the International Atomic Energy Agency pursuant to Additional Protocol I of the Treaty of Tlatelolco is hereby approved. The text of the agreement is attached to this Decision. Done at Brussels, For the Council The President ISSN 0254-1475 COM(98) 525 final DOCUMENTS EN 12 11 15 14 Catalogue number : CB-CO-98-530-EN-C ISBN 92-78-34753-1 Office for Official Publications of the European Communities L-2985 Luxembourg b