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Article IV and the nuclear fuel
cycle
Ray Acheson, Reaching Critical Will
Front page article from the News in Review,
the daily NGO newsletter from the second session of the
Preparatory Committee for the 2010 nuclear Non-Proliferation
Treaty Review Conference
Wednesday, 7 May 2008
Complete PDF of this
edition.
On Tuesday, delegations concluded their remarks on regional
issues and moved onto cluster 3, peaceful uses of nuclear
energy—another divisive issue in the NPT context. Proposals
for multilateralizing the nuclear fuel cycle have added another
dimension to discussions on the implementation of Article
IV.
The nuclear fuel cycle includes the mining and processing
of uranium ore; conversion, enrichment, and fabrication of
uranium into fuel for use in a reactor; and reprocessing of
spent fuel or disposal of waste. Along with costs to human
health and the environment at every stage of the cycle, the
technology and processes used to make fuel for nuclear reactors
can be used, with some adjustment, to produce highly enriched
uranium and plutonium suitable for use in nuclear weapons.
This has led some states, particularly developed ones, to
propose multilateral control and other measures related to
the fuel cycle, intended to reduce the risk of proliferation-sensitive
technology and know-how. Since 2006, a dozen proposals have
been submitted to the IAEA that seek to either place nuclear
fuel cycle facilities under multilateral control and/or guarantee
a fuel supply, either to those states that choose not to develop
the indigenous capacity to produce nuclear fuel or as an incentive
to provide an alternative to indigenous production. While
there appears to be broad consensus on the desirability of
fuel assurances, many proposals have been met with great caution,
in particular by developing states, which are wary of additional
restrictions on their development of nuclear technology and
of becoming dependent upon a cartel of advanced nuclear supplier
states.
On Tuesday, the Non-Aligned states repeatedly reminded the
PrepCom of the “inalienable right” of all NPT
states parties to engage in research, production, and use
of nuclear technology for non-weapon purposes, without discrimination.
Indonesia’s representative argued that just as the “existing
fuel cycle mechanism,” governed by the Nuclear Suppliers
Group, is a market based system controlled by states that
have the capacity to provide nuclear material and technology,
“attempts to develop a multilateral fuel cycle have
also been too much influenced by business interests of the
industry and strategic interests of nuclear capable states.”
He outlined some additional drawbacks to these attempts, saying,
Some might argue that multilateral approaches point to
the loss or limitation of State sovereignty and independent
ownership and control over nuclear technology, leaving unfairly
the commercial benefits of such technology to only a few
countries. Others might argue that multilateral approaches
could lead to further dissemination of or loss of control
over sensitive nuclear technologies which may result in
wider proliferation risks.
He argued that any multilateral fuel cycle arrangement must
be a “complimentary mechanism for strengthening the
existing non-proliferation regime” and that it “should
not terminate or restrict the right to develop nuclear technology,
including sensitive technology.” Likewise, Malaysia’s
representative insisted that any such initiatives should focus
on “finding an optimum arrangement that would satisfy
both the objectives of assurance of supply and services, as
well as non-proliferation assurances,” while pointing
out that non-proliferation assurances already exist, through
the IAEA safeguards system. Brazil’s delegate noted
that some of the proposals ignore the successful track record
of safeguards, and argued that exceptional cases of proliferation
shouldn’t be used to justify the reinterpretation of
Article IV.
Some Western delegations recognized the need for a balanced,
cautious approach to control of the fuel cycle. The European
Union’s representative noted that any multilateralization
efforts require “pragmatic solutions that reflect economic
reality and the real needs of the recipient countries, and
conform to the most stringent safety requirements and responsible
waste management.” The Netherlands’ Amb. Landman
agreed that any scheme for nuclear fuel assurances should
keep open the option for states to develop their own fuel
cycle activities, but that fuel assurances should offer “attractive
alternatives” on a non-discriminatory basis. He recognized
that there is a lack of trust about both the motives and content
of some of the proposals on the table, and called for an open,
transparent, and honest dialogue with all parties. Austria’s
delegate said, “The confidence crisis about the use
of this technology can only be overcome by establishing an
international system that is fair and treats all states in
an equal manner.”
There is division among states parties, however, not just
over control of the fuel cycle, but also over the development
and use of nuclear energy altogether. While emphasizing that
all states have the right to be able to develop nuclear technology
for non-weapon purposes, some delegations outlined the dangers
of the technology and processes associated with nuclear energy.
Amb. Macmillan of New Zealand explained that her country “has
rejected nuclear power generation for itself, as we do not
believe that nuclear power is compatible with the concept
of sustainable development, given the long-term costs, both
financial and ecological, of nuclear waste and the risk of
nuclear proliferation.” She argued, “there are
other, more sustainable energy sources that could be developed,
and that any responsible discussion about nuclear power should
be balanced, and include consideration of the serious risks
and costs as well as any potential benefits.” Pointing
out that her country has also “refrained from producing
nuclear energy,” Norway’s representative argued
that its use might “have potentially severe environmental
implications.” She advocated for sufficient resources
to be dedicated to finding “sustainable and environmentally
sound solutions” to the problems of nuclear waste. Speaking
to the environmental damage of uranium mining, the representative
of the Kyrgyz Republic, on behalf of five Central Asian states,
outlined the problems caused by tailings and radioactive wastes
left behind in Central Asia by uranium mining industries.
Last week during presentations, participating NGOs urged
governments to consider what controls over nuclear technology
are necessary in order to sustain a nuclear weapon free world,
including establishment of an International Renewable Energy
Agency (see above article for more details on IRENA). They
also called for a prohibition on the production of plutonium
and highly enriched uranium, emphasizing, however, that the
phase-out of nuclear power is the only truly proliferation-proof
solution.
For more information on proposals for multilateralization
of the fuel cycle, please see Michael Spies, “Controlling
the Nuclear Fuel Cycle,” Disarmament Times, Volume 31,
Number 1, Spring 2008, available at www.lcnp.org.
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