§ Mr. David Stoddartasked the Secretary of State for Foreign and Commonwealth Affairs what are the implications of the ruling of the Court of Justice of the European Communities dated 14th November 1978 in respect of article 103 of the European Atomic Energy Community Treaty for the United Kingdom's adherence to the Non-Proliferation Treaty.
§ Mr. Tomlinson:The ruling of the Court of Justice concerns the future participation of the Community and member States in a convention on the physical protection of nuclear materials, facilities and transports for peaceful purposes to be negotiated under the auspices of the International Atomic Energy Agency. Under the present draft, this convention would deal with an area which is not covered by the Non-Proliferation Treaty.
In accordance with the provisions of article 105 of the Euratom Treaty, as adapted by the Act of Accession, the United Kingdom's obligations under the Non-Proliferation Treaty are not affected by the provisions of the Euratom Treaty.
For the above reasons, the ruling of the Court of Justice appears to have no implications for the United Kingdom's participation in the Non-Proliferation Treaty, which remains the cornerstone of the Government's non-proliferation policy.