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News in Brief
Michael Spies | Reaching Critical Will of WILPF

News in Brief section from the NPT News in Review, the daily NGO newsletter from the third session of the
Preparatory Committee for the 2010 nuclear Non-Proliferation Treaty Review Conference
Tuesday, 12 May 2009

Complete PDF of this edition.

Preparation for the 2010 RevCon

• On Tuesday morning, the chair will open the floor for general comments on his draft recommendations.
• States decided to allocate the same agenda items to the main committees as in 2005.
• States decided to defer consideration of the final document until the RevCon in keeping with past practice, following a suggestion from New Zealand and in light of divergent views.
• States also decided on a number of other procedural issues pertaining to the RevCon, agreeing to some measures to cut the cost of background documentation, authorizing the bureau to work intercessionally, and inviting intergovernment and non-government organizations to attend the RevCon.

Highlights from the Cluster 3 Discussion

Fuel supply assurances
• The IAEA described progress toward establishing a three-tiered mechanism for fuel assurances, based on its current legal authority, including market-based assurances and a LEU fuel reserve.
• Many delegations expressed support for the IAEA’s efforts to establish a nuclear fuel bank, including the EU, US, UK, France, and Norway. Norway also expressed support for the German fuel cycle proposal.
• Malaysia said that the fuel bank proposal still requires additional study regarding its legal, political, technical, and economic dimensions.
• In response to fuel assurances, Egypt observed that current efforts to create supply assurances did not seem to be arising from concerns over supply but rather from concerns of supplier states.

Discussion of multilateral fuel cycle approaches
• Turkey, the ROK, and Indonesia cautioned that multilateral approaches should not impede on the right of states to make decisions about their own development of the fuel cycle.
• China, Indonesia, and Iran called for in-depth studies to assess political, economic, security, and/or technical dimensions of multilateral approaches. Cuba called for in-depth negotiations and for any proposal to be adopted by consensus. Iran said any proposal should be taken up by the IAEA General Conference and not by the Board of Governors.
• Several delegations warned against measures that would effectively result in the denial of technology or compromise rights, including Brazil, Switzerland, Malaysia, Nigeria, and Iran. Brazil warned that multilateral approaches must not impede the rights of states that adhere to comprehensive safeguards. Switzerland said it does not envisage support for proposals that in effect strengthen existing monopolies or aim in principle to restrict the rights of states. Malaysia and Iran warned that any approach must not introduce any new non-proliferation commitments beyond existing ones. Nigeria said any measures must not impose “unnecessary” limitations on nuclear transfers.
• The ROK urged for more attention to be paid to multilateral approaches to the back end of the fuel cycle, including waste management.
• New Zealand said any proposal must include measures related to safety and security of nuclear materials, especially related to transport on the high seas.
• Austria said any proposal should increase transparency, further international security, and create conditions for nuclear disarmament.
• Egypt argued against the concepts of proliferation-sensitive technologies and irresponsible nuclear states.

Discussion of other nuclear energy issues
• The EU proposed an action plan on promoting the responsible development of nuclear energy, focusing on promoting assistance, safety, security, safeguards, transparency, and development of multilateral approaches to the fuel cycle.
• Norway cautioned that nuclear energy might not always be the right way to generate electricity and welcomed the establishment of IRENA.
• Austria said that in light of the economic costs and the problem of waste, nuclear power is not a sustainable solution to climate change.

Highlights from the Focused Discussion on Withdrawal from the Treaty

• The United States reiterated its past positions regarding the need to develop an understanding on responding to the withdrawal of treaty violators.
• The EU also reaffirmed its past positions and proposals, as set forth in a 2007 working paper.
• Several delegations, including Australia, the EU, Japan, and Russia, supported the principle that nuclear materials and facilities provided to a state, while party to the Treaty, should remain in peaceful use and under safeguards after that party were to withdraw.
• Several delegations, including the EU, Japan, Russia, Canada, also supported the principle that a withdrawing state should remain liable for violations committed while party to the Treaty.
• Several delegations expressed the view that, in the case of withdrawal, any materials supplied under Article IV should be returned to the supplying state. Russia said that any materials that could not be returned should remain under lifetime IAEA safeguards.
• Russia expressed support for clarifying the requirement of Article X, specifically recommending that a notice to withdraw should be submitted in writing and provide sufficient detail of the reasons for withdrawal.
• States expressed divergent views on whether any withdrawal constitutes a threat to international peace and security. Canada and Norway suggested any withdraw would constitute a threat to international. Russia and Cuba disputed any such automatic link. The ROK noted a withdrawal could constitute a threat.
• A number of delegations, including Russia, Cuba, and Iran, expressed opposition to revising Article X or undermining the sovereign right to withdraw.
• States expressed divergent views on a response mechanism, particularly on the question of whether a withdrawal should trigger an automatic meeting of the UN Security Council or the IAEA Board of Governors, or if an extraordinary session of states parties should be convened.
• Indonesia opposed bringing withdrawal cases to the Security Council, expressing support instead for extraordinary sessions of states parties.
• Several delegations advocated for the Security Council to convene immediately upon receiving a notice of withdrawal. Russia expressed opposition to any immediate meeting of the Council, noting that the body itself must decide whether any particular case constitutes a threat to the peace.

Discussion of Other Issues

Institutional Reform
• Canada provided further details on its proposals to achieve further reform of NPT institutions and the review process. Canada specifically called for: annual general conferences; establishment of a standing bureau; and establishment of a NPT support unit with the Office of Disarmament Affairs.
• Norway expressed support for the ideas of holding annual meetings and for establishing an NPT support unit.

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