§ Mr. Hooleyasked the Secretary of State for Energy in what ways the ruling of 749W the European Court on 14th November 1978 concerning the interpretation of article 103 of the European Atomic Energy Commission Treaty will affect the right of the United Kingdom to conclude agreements with other countries about the purchase or resale of fissile material; and if he will make a statement.
§ Mr. Benn:I have nothing to add to my reply I gave to my hon. Friend the Member for Swindon (Mr. Stoddart) on 11th December 1978, in which I explained that this ruling is being studied.
§ Mr. Hooleyasked the Secretary of State for Energy (1) what responsibilities will be exercised in future by the European Commission in respect of the safeguarding of fissile nuclear materials following the ruling of the European Court on 14th November 1978;
(2) what responsibilities will be exercised by the European Commission in future concerning the transportation of nuclear fissile materials following the ruling by the European Court on 14th November 1978.
§ Mr. Benn:The United Kingdom Government have a clear responsibility to protect nuclear materials used, stored or transported in the United Kingdom. I am advised that the European Court's ruling means that the Community as such must be associated with member States in any acceptance of the proposed IAEA Convention on the physical protection of nuclear materials, facilities and transport. The exact role of the Commission under that Convention has yet to be determined.
Under the safeguards provisions of the Euratom Treaty, the Commission is required to satisfy itself that ores, source material and special fissile material are not diverted from their intended uses as declared by the users. The Commission implements these responsibilities in accordance with Commission Regulation (Euratom) No. 3227/76 which was approved by the Council. There has been no suggestion that this Regulation be amended as a result of the European Court ruling.