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The 2000 NPT Review
Conference (RevCon)
14 April - 19 May 2000, New York
NPT/CONF.2000/28
(Vol. I, Part I and II)
22 May 2000
2000
Review Conference of the Parties to the Treaty on the
Non-Proliferation of Nuclear Weapons
FINAL DOCUMENT
New
York, 2000
Volume I
Part
I
Review
of the operation of the Treaty, taking into account
the
decisions and the resolution
adopted by the 1995
NPT Review and Extension Conference
Improving the effectiveness of the strengthened review process for the
NPT
Part
II
Organization
and work of the Conference
NOTE-
The Final Document of the 2000 Review Conference of the Parties
to the Treaty of the Non-Proliferation of Nuclear Weapons consists of
four parts in three volumes:
Volume I: (NPT/CONF.2000/28 (Part I and Part II)
Part I:
Review of the operation of the
Treaty, taking into account the decisions and the resolution adopted by
the 1995 NPT Review and Conference -
Improving the effectiveness of the strengthened review process
for the NPT
Part
II: Organization and work of the Conference
Volume
II: (NPT/CONF.2000/28 (Part III)
Part
III
Documents issued at the Conference
Volume
III: (NPT/CONF.2000/28 (Part IV)
Part
IV: Summary Records
Part
I
Review of the operation
of the Treaty, taking into account the decisions and the resolution
adopted by the 1995 NPT Review and Extension Conference
Article
I and II and preambular paragraphs 1 to 3
Article
III and preambular paragraphs 4 and 5, especially in their relationship
to article IV and preambular paragraphs 6 and 7
Article
IV and preambular paragraph 6 and 7
Article
V
Article
VI and preambular paragraphs 8 to 12
Article
VII and the security of non-nuclear-weapon States
Article
IX
Improving the
effectiveness of the strengthened review process for the NPT
Article
I and II and preambular paragraphs 1 to 3
1.
The Conference reaffirms that the full and effective
implementation of the Treaty and the regime of non-proliferation in all
its aspects has a vital role in promoting international peace and
security. The Conference reaffirms that every effort should be made to
implement the Treaty in all its aspects and to prevent the proliferation
of nuclear weapons and other nuclear explosive devices, without
hampering the peaceful uses of nuclear energy by States Parties to the
Treaty. The Conference remains convinced that universal adherence to the
Treaty and full compliance of all Parties with its provisions are the
best way to prevent the spread of nuclear weapons and other nuclear
explosive devices.
2.
The Conference recalls that the overwhelming majority of States
entered into legally binding commitments not to receive, manufacture or
otherwise acquire nuclear weapons or other nuclear explosive devices in
the context, inter alia, of the corresponding legally binding commitments by the
nuclear-weapon States to nuclear disarmament in accordance with the
Treaty.
3.
The Conference notes that the nuclear-weapon States reaffirmed
their commitment not to transfer to any recipient whatsoever nuclear
weapons or other nuclear explosive devices, or control over such weapons
or explosive devices directly, or indirectly, and not in any way to
assist, encourage, or induce any non-nuclear-weapon State to manufacture
or otherwise acquire nuclear weapons or other nuclear explosive devices,
or control over such weapons or explosive devices.
4.
The Conference notes that the non-nuclear-weapon States Parties
to the Treaty reaffirmed their commitment not to receive the transfer
from any transferor whatsoever of nuclear weapons or other nuclear
explosive devices or of control over such weapons or explosive devices
directly, or indirectly, not to manufacture or otherwise acquire nuclear
weapons or other nuclear explosive devices, and not to seek or receive
any assistance in the manufacture of nuclear weapons or other nuclear
explosive devices.
5.
The Conference reaffirms that the strict observance of the
provisions of the Treaty remains central to achieving the shared
objectives of preventing, under any circumstances, the further
proliferation of nuclear weapons and preserving the Treaty’s vital
contribution to peace and security.
6.
The Conference expresses its concern with cases of non-compliance
of the Treaty by States Parties, and calls on those States non-compliant
to move promptly to full compliance with their obligations.
7.
The Conference welcomes the accessions of Andorra, Angola,
Brazil, Chile, Comoros, Djibouti, Oman, United Arab Emirates and Vanuatu
to the Treaty since 1995, bringing the number of States parties to 187,
and reaffirms the urgency and importance of achieving the universality
of the Treaty.
8.
The Conference urges all States not yet party to the Treaty,
namely Cuba, India, Israel and Pakistan, to accede to the Treaty as
non-nuclear-weapon States, promptly and without condition, particularly
those States that operate unsafeguarded nuclear facilities.
9.
The Conference deplores the nuclear test explosions carried out
by India and then by Pakistan in 1998. The Conference declares that such
actions do not in any way confer a nuclear-weapon State status or any
special status whatsoever. The Conference calls upon both States to
undertake the measures set out in the United Nations Security Council
resolution 1172 (1998).
10.
The Conference also
calls upon all State Parties to refrain from any action that may
contravene or undermine the objectives of the Treaty as well as of the
United Nations Security Council resolution 1172 (1998).
11.
The Conference notes that the two States concerned have declared
moratoriums on further testing and their willingness to enter into legal
commitments not to conduct any further nuclear tests by signing and
ratifying the Comprehensive Nuclear-Test-Ban Treaty. The Conference
regrets that the signing and ratifying has not yet taken place despite
their pledges to do so.
11.
The Conference reiterates the call on those States that operate
unsafeguarded nuclear facilities and that have not yet acceded to the
Treaty on the Non-Proliferation of Nuclear Weapons to reverse clearly
and urgently any policies to pursue any nuclear-weapon development or
deployment and to refrain from any action which could undermine regional
and international peace and security and the efforts of the
international community towards nuclear disarmament and the prevention
of nuclear weapons proliferation.
Article
III and preambular paragraphs 4 and 5, especially in their relationship
to article IV and preambular paragraphs 6 and 7
1.
The Conference recalls and reaffirms the decision of the1995
Review and Extension Conference entitled “Principles and objectives
for nuclear non-proliferation and disarmament”, noting paragraph 1 of
the principles and objectives and the elements relevant to article III
of the Treaty, in particular paragraphs 9-13 and 17-19, and to article
VII of the Treaty, in particular paragraphs 5-7. It also recalls and
reaffirms the Resolution on the Middle East adopted by that Conference.
2.
The Conference notes that recommendations made at previous
Conferences for the future implementation of article III provide a
helpful basis for States parties to the Treaty on the Non-Proliferation
of Nuclear Weapons and the International Atomic Energy Agency (IAEA) to
strengthen the non-proliferation regime and provide assurance of
compliance with non-proliferation undertakings.
3.
The States parties urge the international community to enhance
cooperation in the field of non-proliferation issues and to seek
solutions to all concerns or issues related to non-proliferation in
accordance with the obligations, procedures and mechanisms established
by the relevant international legal instruments.
4.
The Conference reaffirms that the Treaty on the Non-Proliferation
of Nuclear Weapons is vital in preventing the proliferation of nuclear
weapons and in providing significant security benefits.
The Conference remains convinced that universal adherence to the
Treaty can achieve this goal, and they urge all four States not parties
to the Treaty, Cuba, India, Israel and Pakistan, to accede to it without
delay and without conditions, and to bring into force the required
comprehensive safeguards agreements, together with Additional Protocols
consistent with the Model contained in INFCIRC/540 (Corrected).
5.
The Conference reaffirms the fundamental importance of full
compliance with the provisions of the Treaty and the relevant safeguards
agreements.
6.
The Conference recognizes that IAEA safeguards are a fundamental
pillar of the nuclear non-proliferation regime, play an indispensable
role in the implementation of the Treaty and help to create an
environment conducive to nuclear disarmament and to nuclear cooperation.
7.
The Conference reaffirms that IAEA is the competent authority
responsible for verifying and assuring, in accordance with the Statute
of the IAEA and the IAEA safeguards system, compliance with its
safeguards agreements with States parties undertaken in fulfilment of
their obligations under article III, paragraph 1, of the Treaty, with a
view to preventing diversion of nuclear energy from peaceful uses to
nuclear weapons or other nuclear explosive devices.
It is the conviction of the Conference that nothing should be
done to undermine the authority of IAEA in this regard. States parties
that have concerns regarding non-compliance with the safeguards
agreements of the Treaty by the States parties should direct such
concerns, along with supporting evidence and information, to IAEA to
consider, investigate, draw conclusions and decide on necessary actions
in accordance with its mandate.
8.
The Conference emphasizes that measures should be taken to ensure
that the rights of all States Parties under the provisions of the
preamble and the articles of the Treaty are fully protected and that no
State Party is limited in the exercise of these rights in accordance
with the Treaty.
9.
The Conference emphasizes the importance of access to the
Security Council and General Assembly by IAEA, including its Director
General, in accordance with article XII.C. of the Statute of IAEA and
paragraph 19 of INFCIRC/153 (Corr.), and the role of the Security
Council and the General Assembly, in accordance with the Charter of the
United Nations, in upholding compliance with IAEA safeguards agreements
and ensuring compliance with safeguards obligations by taking
appropriate measures in the case of any violations notified to it by the
IAEA.
10.
The Conference considers that IAEA safeguards provide assurance
that States are complying with their undertakings under relevant
safeguards agreements and assist States to demonstrate this compliance.
11.
The Conference stresses that the non-proliferation and safeguards
commitments in the Treaty are also essential for peaceful nuclear
commerce and cooperation and that IAEA safeguards make a vital
contribution to the environment for peaceful nuclear development and
international cooperation in the peaceful uses of nuclear energy.
12.
The Conference stresses that comprehensive safeguards and
additional protocols should be universally applied once the complete
elimination of nuclear weapons has been achieved. In the meantime, the
Conference calls for the wider application of safeguards to peaceful
nuclear facilities in the nuclear-weapon States under the relevant
voluntary-offer safeguards agreements in the most economic and practical
way possible, taking into account the availability of IAEA resources.
13.
The Conference reiterates the call by previous conferences of the
States parties for the application of IAEA safeguards to all source or
special fissionable material in all peaceful nuclear activities in the
States parties in accordance with the provisions of Article III of the
Treaty. The Conference
notes with satisfaction that, since 1995, 28 States have concluded
safeguards agreements with IAEA in compliance with article III,
paragraph 4, of the Treaty, 25 of which have brought the agreements into
force.
14.
The Conference notes with concern that IAEA continues to be
unable to verify the correctness and completeness of the initial
declaration of nuclear material made by the Democratic People’s
Republic of Korea (DPRK), and is therefore unable to conclude that there
has been no diversion of nuclear material in that country.
15.
The Conference looks forward to the Democratic People’s
Republic of Korea (DPRK) fulfilling its stated intention to come into
full compliance with its Treaty safeguards agreement with IAEA, which
remains binding and in force. The
Conference emphasizes the importance of the Democratic People's Republic
of Korea preserving and making available to IAEA all information needed
to verify its initial declaration.
16.
The Conference reaffirms that IAEA safeguards should regularly be
assessed and evaluated. Decisions adopted by the IAEA Board of Governors
aimed at further strengthening the effectiveness and improving the
efficiency of IAEA safeguards should be supported and implemented.
17.
The Conference reaffirms that the implementation of comprehensive
safeguards agreements pursuant to article III, paragraph 1, of the
Treaty should be designed to provide for verification by IAEA of the
correctness and completeness of a State's declaration so that there is a
credible assurance of the non-diversion of nuclear material from
declared activities and of the absence of undeclared nuclear material
and activities.
18.
The Conference notes the measures endorsed by the IAEA Board of
Governors in June 1995 for strengthening and making more efficient the
safeguards system and that these measures are being implemented pursuant
to the existing legal authority conferred upon IAEA by comprehensive
safeguards agreements.
19.
The Conference also fully endorses the measures contained in the
Model Protocol Additional to the Agreement(s) between State(s) and the
International Atomic Energy Agency for the Application of Safeguards (INFCIRC/540
(Corrected)), which was approved by the IAEA Board of Governors in May
1997. The
safeguards-strengthening measures contained in the Model Additional
Protocol will provide IAEA with, inter
alia, enhanced information about a State’s nuclear activities and
complementary access to locations within a State.
20.
The Conference recognizes that comprehensive safeguards
agreements based on document INFCIRC/153 have been successful in its
main focus of providing assurance regarding declared nuclear material
and has also provided a limited level of assurance regarding the absence
of undeclared nuclear material and activities.
The Conference notes that implementation of the measures specified
in the Model Additional Protocol will provide, in an effective and
efficient manner, increased confidence about the absence of undeclared
nuclear material and activities in a State as a whole and that those
measures are now being introduced as an integral part of the IAEA’s
safeguards system. The Conference notes, in particular, the relationship
between the additional protocol and the safeguards agreement between
IAEA and a State party as set out in article 1 of the Model Additional
Protocol. In this regard,
it recalls the interpretation provided by IAEA secretariat on 31 January
1997 and set out in document GOV/2914 of 10 April 1997 that, once
concluded, the two agreements had to be read and interpreted as one
agreement.
21.
The Conference notes the
high priority that IAEA attaches, in the context of furthering the
development of the strengthened safeguards system, to integrating
traditional nuclear-material verification activities with the new
strengthening measures and looks forward to an expeditious conclusion of
this work. It recognizes
that the aim of these efforts is to optimize the combination of all
safeguards measures available to IAEA in order to meet the Agency's
safeguards objectives with maximum effectiveness and efficiency within
available resources. Furthermore,
the Conference notes that credible assurance of the absence of
undeclared nuclear material and activities, notably those related to
enrichment and reprocessing, in a State as a whole could permit
corresponding reduction in the level of traditional verification efforts
with respect to declared nuclear material in that State, which is less
sensitive from the point of view of non-proliferation.
The Conference notes the important work being undertaken by IAEA
in the conceptualization and development of integrated safeguards
approaches, and encourages continuing work by IAEA in further developing
and implementing these approaches on a high-priority basis.
22.
The Conference recognizes that measures to strengthen the
effectiveness and improve the efficiency of the safeguards system with a
view to providing credible assurance of the non-diversion of nuclear
material from declared activities and of the absence of undeclared
nuclear material and activities must
be implemented by all States parties to the NPT, including the
nuclear-weapon States. The
Conference also recognizes that the interests of nuclear
non-proliferation will be effectively served by the acceptance of IAEA
safeguards strengthening measures by States with item-specific
safeguards agreements. The Conference welcomes the additional protocol
concluded by Cuba and urges it also to bring the protocol into force as
soon as possible.
23.
The Conference notes that bilateral and regional safeguards play
a key role in the promotion of transparency and mutual confidence
between neighbouring States, and that they also provide assurances
concerning nuclear non-proliferation. The Conference considers that
bilateral or regional safeguards could be useful in regions interested
in building confidence among its member States and in contributing
effectively to the non-proliferation regime.
25.
The Conference recognizes that nuclear material supplied to the
nuclear-weapon States for peaceful purposes should not be diverted for
the production of nuclear weapons or other nuclear explosive devices,
and should be, as appropriate, subject to IAEA safeguards agreements.
26.
The Conference notes that all nuclear-weapon States have now
concluded additional protocols to their voluntary-offer safeguards
agreements incorporating those measures provided for in the Model
Additional Protocol that each nuclear-weapon State has identified as
capable of contributing to the non-proliferation and efficiency aims of
the Protocol, when implemented with regard to that State, and is
consistent with that State’s obligations under article I of the
Treaty. The Conference invites such States to keep the scope of those
additional protocols under review.
27.
The Conference commends the IAEA for making its experience in the
verification of nuclear non-proliferation available to the Conference on
Disarmament in connection with the negotiation of a non-discriminatory,
multilateral and internationally and effectively verifiable treaty
banning the production of fissile material for nuclear weapons or other
nuclear explosive devices.
28.
The Conference takes note of the Declaration of the Moscow
Nuclear Safety and Security Summit of April 1996, including in relation
to the safe and effective management of weapons fissile material
designated as no longer required for defence purposes, and the
initiatives stemming from it.
29.
The Conference underlines the importance of international
verification of nuclear material designated by each nuclear-weapon State
as no longer required for military purposes that has been irreversibly
transferred to peaceful purposes. The Conference supports recent
unilateral offers and mutual initiatives to place excess material under
appropriate IAEA verification arrangements. Nuclear materials designated
by each of the nuclear-weapon States as no longer required for military
purposes should as soon as practicable be placed under IAEA or other
relevant verification.
30.
The Conference notes the considerable increase in the Agency's
safeguards responsibilities since 1995. It further notes the financial
constraints under which the IAEA safeguards system is functioning and
calls upon all States parties, noting their common but differentiated
responsibilities, to continue their political, technical, and financial
support of IAEA in order to ensure that the Agency is able to meet its
safeguards responsibilities.
31.
The Conference welcomes the significant contributions by States
parties through their support programmes to the development of
technology and techniques that facilitate and assist the application of
safeguards.
32.
The Conference considers that the strengthening of IAEA
safeguards should not adversely impact the resources available for
technical assistance and cooperation. The allocation of resources should
take into account all of the Agency's statutory functions, including
that of encouraging and assisting the development and practical
application of atomic energy for peaceful uses with adequate technology
transfer.
33.
The Conference recognizes that the transfer of nuclear-related
equipment, information, material and facilities, resources or devices
should be consistent with States’ obligations under the Treaty.
34.
The Conference, recalling the obligations of all States parties
under articles I, II and III of the Treaty, calls upon all States
parties not to cooperate or give assistance in the nuclear or
nuclear-related field to States not party to the Treaty in a manner
which assists them to
manufacture nuclear weapons or other nuclear explosive devices.
35.
The Conference reaffirms
that each State party to the Treaty has undertaken not to provide source
or special fissionable material or equipment or material especially
designed or prepared for the processing, use, or production of special
fissionable material, to any non-nuclear-weapon State for peaceful
purposes, unless the source or special fissionable material shall be
subject to the safeguards required by article III of the Treaty.
36.
The Conference reaffirms paragraph 12 of decision 2 (Principles
and objectives for nuclear non-proliferation and disarmament), adopted
on 11 May 1995 by the NPT Review and Extension Conference.
37.
The Conference recognizes that there are nuclear-related dual-use
items of equipment, technology, and materials not identified in article
III, paragraph 2, of the Treaty that are relevant to the proliferation
of nuclear weapons and therefore to the Treaty as a whole. The
Conference calls on all States parties to ensure that their exports of
nuclear-related dual-use items to States not party to the Treaty do not
assist any nuclear-weapons programme. The Conference reiterates that
each State Party should also ensure that any transfer of such items is
in full conformity with the Treaty.
38.
The Conference recognizes the particular requirement for
safeguards on unirradiated direct-use nuclear material, and notes the
projections by IAEA that the use of separated plutonium for peaceful
purposes is expected to increase over the next several years. The
Conference recognizes the non-proliferation benefits of the conversion
of civilian research reactors to low-enriched uranium fuel. The
Conference notes with appreciation that many research reactors are
discontinuing the use of highly enriched uranium fuel in favour of
low-enriched uranium fuel as a result of the Reduced Enrichment for
Research and Test Reactors Programme.
The Conference expresses satisfaction at the considerable work
undertaken to ensure the continuing effectiveness of IAEA safeguards in
relation to reprocessing, to the storage of separated plutonium and to
uranium enrichment.
39.
The Conference welcomes the additional transparency on matters
pertaining to the management of plutonium resulting from the
establishment, in 1997, of Guidelines for the Management of Plutonium (INFCIRC/549),
setting out the policies that several States, including the
nuclear-weapon States, have decided to adopt.
40.
The Conference welcomes the announcement made by some
nuclear-weapon States that they have ceased the production of fissile
material for use in nuclear weapons or other nuclear explosive devices.
41.
The Conference notes the conclusion drawn by the Board of
Governors of IAEA that the proliferation risk with regard to neptunium
is considerably lower than that with regard to uranium or plutonium and
that at present there is practically no proliferation risk with regard
to americium. The Conference expresses satisfaction at the recent
decisions of the IAEA Board of Governors, which enabled IAEA to enter
into exchanges of letters with States, on a voluntary basis, to ensure
the regular and timely receipt of information as well as the application
of measures required for efficient implementation of certain monitoring
tasks regarding the production and transfer of separated neptunium, and
which requested the Director General of IAEA to report to the Board when
appropriate with respect to the availability of separated americium,
using relevant information available through the conduct of regular IAEA
activities and any additional information provided by States on a
voluntary basis.
42.
The Conference notes the paramount importance of effective
physical protection of all nuclear material and calls on all States to
maintain the highest possible standards of security and physical
protection of nuclear materials. The
Conference notes the need for strengthened international cooperation in
physical protection. In this regard, the Conference notes that 63 States have
become party to the Convention on the Physical Protection of Nuclear
Material.
43.
Expressing concern about the illicit trafficking of nuclear and
other radioactive materials, the Conference urges all States to
introduce and enforce appropriate measures and legislation to protect
and ensure the security of such material.
The Conference welcomes the activities in the fields of
prevention, detection and response being undertaken by IAEA in support
of efforts against illicit trafficking. The Conference acknowledges the Agency's efforts to assist
member States in strengthening their regulatory control on the
applications of radioactive materials, including its ongoing work on a
registry of sealed sources. It
also welcomes the Agency's activities undertaken to provide for the
enhanced exchange of information among its Member States, including the
continued maintenance of the illicit trafficking database. The
Conference recognizes the importance of enhancing cooperation and
coordination among States and among international organizations in
preventing, detecting and responding to the illegal use of nuclear and
other radioactive material.
44.
The Conference notes that 51 States parties to the Treaty have
yet to bring into force comprehensive safeguards agreements,
and urges them to do so as soon as possible.
This includes States parties without substantial nuclear
activities. The Conference notes that in the case of States without
substantial nuclear activities, the conclusion of safeguards agreements
involves simplified procedures. The Conference recommends that the
Director General of IAEA continue his efforts to further facilitate and
assist these States parties in the conclusion and the entry into force
of such agreements.
45.
The Conference welcomes the fact that since May 1997, the IAEA
Board of Governors has approved additional protocols to comprehensive
safeguards agreements with 43 States and that 12 of those additional
protocols are currently being implemented.
The Conference encourages all States parties, in particular those
States parties with substantial nuclear programmes, to conclude
additional protocols as soon as possible and to bring them into force or
provisionally apply them as soon as possible.
46.
The Conference urges
IAEA to continue implementing strengthened safeguards measures as
broadly as possible, and further urges all States with safeguards
agreements to cooperate fully with IAEA in the implementation of these
measures.
47.
The Conference recommends that the Director General of IAEA and
the IAEA member States consider ways and means, which could include a
possible plan of action, to promote and facilitate the conclusion and
entry into force of such safeguards agreements and additional protocols,
including, for example, specific measures to assist States with less
experience in nuclear activities to implement legal requirements.
48.
The Conference calls on all States parties to give their full and
continuing support to the IAEA safeguards system.
49.
The Conference notes the agreement between the Russian Federation
and the United States to convert in Russia 500 tonnes of high enriched
uranium (HEU) from Russia’s nuclear weapons to low enriched uranium
for use in commercial reactors. It welcomes the conversion to date of
over 80 tonnes of HEU in the framework of this agreement. The Conference
also recognizes the affirmation by Presidents of the Russian Federation
and the United States of the intention of each country to remove by
stages approximately 50 tonnes of plutonium from their nuclear weapons
programmes and convert it so that it can never be used in nuclear
weapons.
50.
The Conference requests that IAEA continue to identify the
financial and human resources needed to meet effectively and efficiently
all of its responsibilities, including its safeguards verification
responsibilities. It
strongly urges all States to ensure that IAEA is provided with these
resources.
51.
The Conference recognizes that national rules and regulations of
States parties are necessary to ensure that the States parties are able
to give effect to their commitments with respect to the transfer of
nuclear and nuclear-related dual use items to all States taking into
account articles I, II and III of the Treaty, and, for States parties,
also fully respecting article IV. In this context, the Conference urges
States parties that have not yet done so to establish and implement
appropriate national rules and regulations.
52.
The Conference recommends that the list of items triggering IAEA
safeguards and the procedures for implementation, in accordance with
article III.2, be reviewed from time to time to take into account
advances in technology, the proliferation sensitivity, and changes in
procurement practices.
54.
The Conference recommends that transparency in export controls
should continue to be promoted within a framework of dialogue and
cooperation among all interested States parties to the Treaty.
55.
The Conference encourages all other states that separate, hold,
process or use separated plutonium in their civil nuclear activities to
adopt policies similar to those which have been adopted by the
participants in the Plutonium Management Guidelines (INFCIRC/549).
Furthermore, the Conference encourages the States concerned to
consider similar policies for the management of highly enriched uranium
used for peaceful purposes.
56.
The Conference urges all States that have not yet done so to
adhere to the Convention on the Physical Protection of Nuclear Material
on the earliest possible date and to apply, as appropriate, the
recommendations on the physical protection of nuclear material and
facilities contained in IAEA document INFCIRC/225/Rev.4 (Corrected) and
in other relevant guidelines. It welcomes the ongoing informal
discussions among legal and technical experts, under the aegis of IAEA,
to discuss whether there is a need to revise the Convention on the
Physical Protection of Nuclear Material.
Article
IV and preambular paragraph 6 and 7
Treaty
on the Non-Proliferation of Nuclear Weapons and the peaceful uses of
nuclear energy
1.
The Conference affirms that the Treaty fosters the development of
the peaceful uses of nuclear energy by providing a framework of
confidence and cooperation within which those uses can take place.
2.
The Conference reaffirms that nothing in the Treaty shall be
interpreted as affecting the inalienable right of all the parties to the
Treaty to develop research, production and use of nuclear energy for
peaceful purposes without discrimination and in conformity with articles I,
II and III of the Treaty. The
Conference recognizes that this right constitutes one of the fundamental
objectives of the Treaty. In this connection, the Conference confirms
that each country's choices and decisions in the field of peaceful uses
of nuclear energy should be respected without jeopardizing its policies
or international cooperation agreements and arrangements for peaceful
uses of nuclear energy and its fuel-cycle policies.
3.
The Conference also reaffirms the undertaking by all parties to
the Treaty to facilitate and have the right to participate in, the
fullest possible exchange of equipment, material and scientific and
technological information for the peaceful uses of nuclear energy among
States parties to the Treaty. The
Conference notes the contribution that such uses can make to progress in
general and to help to overcome the technological and economic
disparities between developed and developing countries.
4.
The Conference urges that in all activities designed to promote
the peaceful uses of nuclear energy, preferential treatment be given to
the non-nuclear-weapon States parties to the Treaty, taking the needs of
developing countries, in particular, into account.
5.
Referring to paragraphs 14 to 20 of the Principles and Objectives
decision of 1995, the Conference reasserts the need to continue to
enhance the peaceful uses of nuclear energy by all States parties and
cooperation among them.
6.
The Conference underlines the role of IAEA in assisting
developing countries in the peaceful use of nuclear energy through the
development of effective programmes aimed at improving their scientific,
technological, and regulatory capabilities. In this context, the
Conference takes note of the medium-term strategy of IAEA.
7.
The Conference affirms that every effort should be made to ensure
that IAEA has the financial and human resources necessary to effectively
meet its responsibilities as foreseen in article III.A of the Statute of
IAEA.
8.
The Conference recognizes the importance of the concept of
sustainable development as a guiding principle for the peaceful use of
nuclear energy. The Conference endorses the role of IAEA in assisting
Member States, upon request, in formulating projects that meet the
objective of protecting the global environment by applying sustainable
development approaches. The Conference recommends that IAEA continue
taking this objective into account when planning its future activities.
It further notes that IAEA regularly reports to the General Assembly on
progress made in these fields.
10.
The Conference
commends IAEA for its efforts to enhance the effectiveness and
efficiency of the Agency's Technical Cooperation Programme and to ensure
the continuing relevance of the programme to the changing circumstances
and needs of recipient Member States. In this context, the Conference
welcomes the new strategy for technical cooperation, which seeks to
promote socio-economic impact within its core competencies, by
integrating its assistance into the national development programme of
each country with a view to ensure sustainability through expanding
partnerships in development, model project standards and use of country
programme frameworks and thematic plans. The Conference recommends that IAEA continue taking this
objective and the needs of developing countries, notably least-developed
countries, into account when planning its future activities.
11.
The Conference acknowledges the need for the parties to the
Treaty to discuss regularly and take specific steps towards the
implementation of article IV of the Treaty.
Nuclear
and radiation safety, safe transport of radioactive materials,
radioactive waste
and liability
Nuclear
and Radiation Safety
1.
The Conference affirms that the Treaty on the Non-Proliferation
of Nuclear Weapons can help to ensure that international cooperation in
nuclear and radiation safety will take place within an appropriate
non-proliferation framework. The Conference acknowledges the primary
responsibility of individual States for maintaining the safety of
nuclear installations within their territories, or under their
jurisdiction, and the crucial importance of an adequate national
technical, human and regulatory infrastructure in nuclear safety,
radiological protection and radioactive waste management.
2.
The Conference notes that a demonstrated global record of safety
is a key element for the peaceful uses of nuclear energy and that
continuous efforts are required to ensure that the technical and human
requirements of safety are maintained at the optimal level. Although
safety is a national responsibility, international cooperation on all
safety-related matters is indispensable. The Conference encourages the
efforts of IAEA in the promotion of safety in all its aspects, and
encourages all States parties to take the appropriate national, regional
and international steps to enhance and foster a safety culture. The
Conference welcomes and underlines the intensification of national
measures and international cooperation in order to strengthen nuclear
safety, radiation protection, the safe transport of radioactive
materials and radioactive waste management, including activities
conducted in this area by IAEA. In this regard, the Conference recalls
that special efforts should be made and sustained to increase the
awareness in these fields, through appropriate training.
4.
The Conference
welcomes the entry into force of the Convention on Nuclear Safety, and
encourages all States, in particular those operating, constructing or
planning nuclear power reactors that have not yet taken the necessary
steps to become party to the Convention, to do so. It would also welcome
a voluntary application of the related provisions of the Convention to
other relevant nuclear installations dedicated to the peaceful uses of
nuclear energy. The Conference also expresses its satisfaction with the
outcome of the first review meeting under the Convention on Nuclear
Safety, and looks forward to the report from the next review meeting, in
particular with respect to those areas where the first review meeting
found that there was room for safety improvements.
5.
The Conference encourages all States that have not yet done so to
become parties to the Convention on Early Notification of a Nuclear
Accident, the Convention on Assistance in the Case of a Nuclear Accident
or Radiological Emergency and the Convention on Physical Protection of
Nuclear Material.
7.
The Conference considers that attacks or threats of attack on
nuclear facilities devoted to peaceful purposes jeopardize nuclear
safety, have dangerous political, economic and environmental
implications and raise serious concerns regarding the application of
international law on the use of force in such cases, which could warrant
appropriate action in accordance with the provisions of the Charter of
the United Nations.
8.
The Conference notes the importance of openness, transparency and
public information concerning the safety of nuclear facilities.
9.
The Conference endorses the IAEA regulations for the safe
transport of radioactive materials and urges States to ensure that these
standards are maintained. The Conference notes the decision in 1997 by
the International Maritime Organization (IMO) to incorporate the Code
for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and
High-Level Radioactive Wastes in Flasks on Board Ships (INF Code) into
the International Convention for the Safety of Life at Sea.
10.
The Conference underlines the importance of effective national
and international regulations and standards for the protection of States
concerned, from the risks of transportation of radioactive materials.
The Conference affirms that it is in the interests of all States
that any transportation of radioactive materials be conducted in
compliance with the relevant international standards of nuclear safety
and security and environmental protection, without prejudice to the
freedoms, rights and obligations of navigation provided for in
international law. The Conference takes note of the concerns of small
island developing States and other coastal States with regard to the
transportation of radioactive materials by sea.
12.
The Conference notes that States parties have been working
bilaterally and through international organizations to improve
cooperation and exchange of information among the States concerned. In
this context, the Conference calls on States parties to continue working
bilaterally and through the relevant international organizations to
examine and further improve measures and
international regulations relevant to international maritime
transportation of radioactive material and spent fuel.
Spent
Fuel and Radioactive Waste
13.
The Conference notes that a major issue in the debate over the
use of nuclear technologies is the safety of the management of spent
fuel and of radioactive waste. The Conference notes the conclusion of
the Joint Convention on the Safety of Spent Fuel Management and on the
Safety of Radioactive Waste Management and encourages States that have
not yet taken the necessary steps to become party to the Convention, to
do so. The Conference expresses the hope that this Convention will enter
into force at the earliest date possible. The Conference underlines the
importance that spent fuel and radioactive waste excluded from this
Convention because they are within military or defence programmes in
accordance with the objectives stated in this Convention.
14.
The Conference commends the efforts of IAEA in radioactive waste
management, and calls upon the Agency, in view of the increasing
importance of all aspects of radioactive waste management, to strengthen
its efforts in this field as resources permit. The Conference recognizes
the activities of IAEA in the search for new approaches on radioactive
waste management solutions that are both safe and publicly acceptable.
It endorses IAEA programmes to assist member States in spent fuel and
radioactive waste management through, inter
alia, safety standards, peer reviews and Technical Cooperation
activities.
15.
The Conference also notes that the contracting parties to the
Convention on the Prevention of Maritime Pollution by Dumping of Wastes
and Other Matter (London Convention) have urged all States that have not
done so, to accept the 1993 amendment of annex I of the London
Convention, which prohibits contracting parties from dumping radioactive
wastes or other radioactive matter at sea.
Liability
16.
The Conference notes the adoption of the 1997 Protocol to Amend
the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the
Convention on Supplementary Compensation for Nuclear Damage. The
Conference also notes the existence of various national and
international liability mechanisms. Furthermore, the Conference stresses
the importance of having effective
liability mechanisms in place.
Technical
cooperation
1.
The Conference reaffirms the undertaking of those parties to the
Treaty in a position to do so to cooperate in contributing alone, or
together with other States or international organizations, to the
further development of the applications of nuclear energy for peaceful
purposes, especially in the territories of non-nuclear-weapon States
parties to the Treaty, with due consideration for the needs of the
developing areas of the world.
2.
The Conference recognizes the benefits of the peaceful
applications of nuclear energy and nuclear techniques in the fields
referred to in articles II and III of the Statute of the IAEA, and their
contribution to achieving sustainable development in developing
countries and for generally improving the well-being and the quality of
life of the peoples of the world.
3.
The Conference acknowledges the importance of the work of IAEA as
the principal agent for technology transfer among the international
organizations referred to in article IV, paragraph 2, of the Treaty, and
affirms the importance of the Technical Cooperation activities of IAEA,
as well as bilateral and other multilateral cooperation, in fulfilling
the obligations set forth in article IV of the Treaty.
4.
The Conference recognizes that voluntary resources provided to
and received from States parties to the Treaty under the IAEA Technical
Cooperation Fund represent the most important contribution to the
implementation of its Technical Cooperation Programme, the major
instrument for its cooperation with developing countries. The Conference
expresses its appreciation to all IAEA member States party to the
Treaty, which respect their commitments to the Technical Cooperation
Fund by pledging and paying in full their contributions.
5.
The Conference notes, however, that there has been a growing gap
between the approved target figures for the Technical Cooperation Fund
and the actual payments.
6.
The Conference stresses that every effort should be made to
ensure that the IAEA’s financial and human resources necessary for
Technical Cooperation activities are assured, predictable and sufficient
to meet the objectives mandated in article IV, paragraph 2, of the
Treaty and article II of the IAEA Statute. The Conference notes the
Resolutions of the General Conference of the IAEA GC(43)/RES/6 and
GC(43)/RES/14, and urges member States of IAEA to make every effort to
pay in full and on time their voluntary contributions to the Technical
Cooperation Fund and reminds them of their obligation to pay their
Assessed Programme Costs. It also encourages IAEA to continue to manage
its Technical Cooperation activities in an effective and cost-efficient
manner, and in accordance with article III.C of the IAEA Statute.
7.
The Conference notes the consultation among member States of the
IAEA on the target for the Technical Cooperation Fund for the coming
years and encourages member States to reach agreement on the Indicative
Planning Figures (IPF).
8.
The Conference notes that the special needs and priorities of the
least developed countries parties to the Treaty should be taken into
account in bilateral and multilateral nuclear technical assistance and
cooperation programmes. The Conference recommends that the IAEA
continue, through its Technical Cooperation Programme, to give special
attention to the needs and priorities of least developed countries.
9.
The Conference recognizes that regional cooperative arrangements
for the promotion of the peaceful use of nuclear energy can be an
effective means of providing assistance and facilitating technology
transfer, complementing the Technical Cooperation activities of IAEA in
individual countries. It
notes the contributions of the African Regional Cooperative Agreement
for Research, Development and Training (AFRA), the Regional Cooperative
Agreements for the Promotion of Nuclear Science and Technology in Latin
America (ARCAL), the Regional Cooperative Agreement for Asia and the
Pacific (RCA), as well as the regional Technical Cooperation Programme
in Central and Eastern Europe.
10.
The Conference notes the significant level of bilateral
cooperation between States parties in the worldwide peaceful uses of
nuclear energy and welcomes the reports thereon.
The Conference recognizes that it is the responsibility of States
parties to create the conditions to enable this cooperation, in which
commercial entities play an important role in a manner that conforms
with the States parties’ obligations under Articles I and II of the
Treaty. The Conference urges States in a position to do so to continue
and where possible increase their cooperation in this field,
particularly to developing countries and parties to the Treaty with
economies in transition.
11.
The Conference calls upon all States parties, in acting in
pursuance of the objectives of the Treaty, to observe the legitimate
right of all States parties, in particular developing States, to full
access to nuclear material, equipment and technological information for
peaceful purposes. Transfers of nuclear technology and international
cooperation in conformity with articles I, II and III of the Treaty
are to be encouraged. They would be facilitated by eliminating undue
constraints that might impede such cooperation.
Conversion
of nuclear materials to peaceful uses
1.
The Conference notes steps taken by nuclear-weapon States to
reduce their nuclear weapons arsenals and underlines the importance of
international verification, as soon as practicable, of nuclear weapons
material designated by each nuclear-weapon State as no longer required
for military programmes and that has been irreversibly transferred to
peaceful purposes. This process requires strict procedures for the safe
handling, storage and disposal of sensitive nuclear materials, as well
as the safe management of radioactive contaminants in strict compliance
with highest possible standards of environmental protection and nuclear
and radiation safety.
2.
The Conference takes note of the Declaration of the Moscow
Nuclear Safety and Security Summit of April 1996, including the measures
in relation to the safe and effective management of weapons fissile
material designated as no longer required for defence purposes, and the
initiatives stemming therefrom.
3.
The Conference also notes that there have been exceptional
instances in which serious environmental consequences have resulted from
uranium mining and associated nuclear fuel-cycle activities in the
production of nuclear weapons.
4.
The Conference calls upon all Governments and international
organizations that have expertise in the field of cleanup and disposal
of radioactive contaminants to consider giving appropriate assistance,
as may be requested, for radiological assessment and remedial purposes
in these affected areas, while noting the efforts that have been made to
date in this regard.
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