Second line of action : Strengthening the international non-proliferation regime
France supports and strengthens the international non-proliferation architecture by :
– Promoting the IAEA safeguards system
– Supporting the international exports control regimes
– Strengthening the non-proliferation regimes
Supporting the IAEA safeguards system
France is committed to the IAEA safeguards system, which is a pillar of the nuclear non-proliferation regime. We must support the efforts of the IAEA in order to ensure that its safeguards system remains fully effective and credible notably by universalizing and strengthening this regime.
These safeguards aim at preventing nuclear weapons proliferation by detecting upstream the misuses for military purposes of the nuclear technology. Their acceptance by non-nuclear weapons States is written at the article III of the NPT.
There are three types of safeguards agreements with the IAEA :
– Comprehensive safeguards agreements allowing the IAEA to apply its safeguards to all the nuclear material used in all the pacific activities exerted on the State’s territory, and make sure they are not diverted for nuclear weapons conception of any explosive nuclear device ;
– Voluntary offers agreements, concluded by the five Nuclear Weapons States, allowing the IAEA to apply its safeguards only on specific sites
– Specific agreements allowing the IAEA to apply its safeguards to the only nuclear material and sites mentioned in the agreement. They currently apply only to three non-NPT States : Israel, India and Pakistan ;
– Furthermore, Additional protocols for each of the three types of agreements can be signed by the States, giving the IAEA an improved access to nuclear sites, with a shorter prior notification.
Strengthening the IAEA safeguards system is beneficial for all : its credibility and effectiveness are crucial to enable the responsible development of civil nuclear energy. Indeed, any major failure of a State to fulfil its obligations weakens mutual confidence and harms the development of international cooperation in the area of peaceful uses of nuclear energy, to the detriment of the great majority of States complying with their obligations in good faith.
Within the safeguards system, the implementation of an additional protocol, combined with that of a comprehensive safeguards agreement, is essential for obtaining comprehensive assurances of compliance with non-proliferation commitments. It is therefore an essential pillar of the nuclear non-proliferation regime.
The international community has set itself the task of ensuring the promotion of safeguards agreements and additional protocols. France does its utmost to support those actions and contributes actively through its diplomatic action.
[([*In December of 2018 : *]
– [** 174 States signed comprehensive safeguards agreements with the IAEA *]
– [** 134 States signed an additional protocol *]
– [** 3 States that have not signed the NPT signed specific safeguards agreements with the IAEA *]
– [** The 5 Nuclear Weapons States signed Voluntary offers agreements *])]
**France and the IAEA safeguards
Supporting safeguards is a major element of French policy in the IAEA. The expertise and technical assistance France provides in the area of verification support the work of the IAEA. They can be seen in particular through the French Support Programme for IAEA Safeguards, which was officially set up in 1982.
In order to guarantee the credibility of the IAEA’s verification activity, France seeks to ensure that the IAEA has at its disposal the human, financial and technical resources necessary to carry out the mandate entrusted to it by the international community. It also remains attentive to ensure adequate funding for the IAEA’s other priorities, particularly in the areas of promotion and technical cooperation.
To help strengthen the IAEA safeguards, France voluntarily offered to make certain nuclear materials subject to IAEA safeguards under the trilateral France-Euratom-IAEA agreement 1 which entered into force on 12 September 1981. The IAEA is empowered to verify end-use in order to ensure that nuclear materials subject to its supervision are not diverted from civil uses. The European Community is party to this agreement. It ensures that the IAEA receives all the information it needs regarding such nuclear materials.
Moreover, France signed an Additional Protocol to its Safeguards Agreement 2 on 22 September 1988, which entered into force on 30 April 2004 at the same time as those signed by the other Member States of the European Union. The French Additional Protocol helps strengthen the IAEA’s capability to detect undeclared nuclear materials and activities in non-nuclear-weapon States. France is thus committed to declaring to the IAEA its cooperation in this area with non-nuclear-weapon States, and to allowing it, as necessary, to verify the actual situation in the relevant nuclear facilities.
Lastly, like its European Union partners, France is subject to international controls on civil nuclear material. Two international bodies conduct these controls : the European Commission (under Chapter VII of the Euratom Treaty) and the IAEA. All civil nuclear facilities in France are inspected, resulting in 334 inspections in 2019 (315 inspections by Euratom and 19 inspections by the IAEA).
France supports the IAEA efforts to keep its nuclear safeguards system fully efficient and credible. We support the universalization of the additional protocol and the evolution of the safeguards system towards a “State-level concept” based on all the relevant information.
We also support, with a specific financial support, the renewal and the extension of the IAEA laboratories, allowing for more than 600 nuclear material samples analysis from different inspection missions.
Support for international suppliers’ regimes
Export controls are one of the tools available to the international community in its efforts to prevent the proliferation of weapons of mass destruction and their means of delivery. France supports and actively participates in the various international export control regimes (Nuclear Suppliers Group – NSG, Zangger Committee, Missile Technology Control Regime – MTCR, Australia Group, Wassenaar Arrangement). In that framework, France is committed to strictly controlling transfers of sensitive dual-use goods and technologies that could have either civil or military uses. The export of such goods and technologies is not prohibited as such, but is subject to controls, generally in the form of export licencing.
At EU level, Regulation 428/2009 incorporates the recommendations of the various control regimes, which are then directly applicable in the national law of each of the Member States. Under the catch-all clause, it is now possible to control the export of goods not present on a control list if they may be linked to the manufacture of weapons of mass destruction or destined for a country under embargo.
**Nuclear suppliers’ groups
The Zangger Committee was set up following the entry into force of the NPT in order to ensure the implementation of the provision of non-transfer of material or equipment for nuclear purposes, which are not under the IAEA safeguards (Article III, paragraph 2 of the Treaty). In 1972, its members defined a number of common rules (“Understandings”) on the export of goods described in this Article.
The Nuclear Suppliers Group (NSG) came into being after the Indian nuclear test in 1974 and now has 48 members. The NSG has produced Guidelines on nuclear exports, supplemented by control lists covering nuclear and dual-use goods. This set of rules is applied by the Member States at national level and is enshrined concretely in their respective export control regimes.
In general, NSG meetings address issues raised by the implementation of the Guidelines and the updating of lists of nuclear and dual-use goods. Members also exchange information related to the Group’s goals. Notifications are also exchanged on refusals by Member States of applications made by companies.
In this framework, France contributes actively to international counter-proliferation efforts, including to ensure the NSG control lists are kept up to date, and encourages efforts to promote transparency of the regime. France also seeks to ensure that the achievement of the NSG’s non-proliferation goals does not impede the development of legitimate cooperation on the peaceful uses of nuclear energy.
**The Missile Technology Control Regime (MTCR)
As part of its action to control the proliferation of ballistic missiles, France plays an active part in the Missile Technology Control Regime (MTCR), which it helped create in the G7, and for which it has provided the permanent secretariat ("point of contact") since 1990. The MTCR (currently 35 Member States) is based on the adhesion to common guidelines related to national exports policies, and concern a list of equipments, softwares and technologies ("technical annex") aiming a limiting WMD’s vectors. France took part in the drafting of the MTCR’s technical annex, which entered into force on 7 April 1987, and which establishes a list of goods whose transfer must be controlled by States. France participes on a regular basis to the experts meetings dedicated to adapt this list, in order to ensure exports control take into account the latest technological developments in the field of delivery systems for weapons of mass destruction.
Currently there are 35 States members of the MTCR
Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States.
Keeping in mind the objective of an effective exports control, the States members have decided in 2003 to include a "catch all" provision in the Regime’s guidelines. This enables to control the export of unlisted items susceptible of contributing to WMD launching systems. France has supported efforts to adapt the MTCR to address new threats, including terrorism.
Support and assistance for the strengthening of the non-proliferation regime
France is an active player in ongoing initiatives aimed at reinforcing the non-proliferation regime in practical ways in order to meet the challenges that threaten the future of the NPT. It is particularly committed to the creation of multilateral mechanisms in the area of the nuclear fuel cycle. It also provides assistance, where necessary, in disarmament and non-proliferation, and supports Nuclear-Weapon-Free Zones.
**Supporting the international surveillance system of the CTBTO
France supports the achievement of the CTBTO’s International monitoring system, helping to build and to commission the surveillance stations. France also participates to the on-site inspection trainings. The resettlement of the Crozet Islands’ French hydro acoustic station, achieved on December the 29th of 2016, significantly contributes to the credibility and the technical maturity of this regime. The hydro acoustic component of the surveillance system is now achieved, and can identify nuclear explosions signals in the ocean. 90% of the surveillance network impeded by the CTBT is now certified, and detected the North-Korean nuclear tests since 2006.
**Support for multilateral mechanisms for the nuclear fuel cycle
Fuel cycle technologies (including enrichment and reprocessing) are particularly sensitive because they could have both military and civil uses. Particular vigilance is therefore required when it comes to their exports, as is the introduction of multilateral mechanisms in this field.
During its Presidency of the European Union, France, together with its European partners, pledged a European Union financial contribution of up to €25 million and technical support for the creation of a low-enriched uranium bank under the auspices of the IAEA. This project, the creation of which was approved by a decision of the IAEA Board of Governors on 3 December 2010, with a first site to be located in Kazakhstan, will foster the development of economically viable nuclear energy programmes and prevent the dissemination of sensitive fuel cycle technologies, such as enrichment. The creation of this low-enriched uranium bank goes hand in hand with other initiatives which could be useful for various situations and needs. France seeks to promote pragmatic and concrete solutions which respect the markets and needs of beneficiary countries.
Moreover, under the NSG, France has committed to adopting stricter criteria for the export of nuclear fuel cycle technologies. In the early 2000s, France and Russia proposed a criteria-based approach for authorization of exports of enrichment and reprocessing technology and subject them to certain criteria such as compliance with international non-proliferation commitments. In June 2011, the States participating in the NSG reached an agreement on an amendment of the Guidelines for that purpose, strictly governing the transfer of goods and technologies linked to enrichment and reprocessing, and contributing to strengthening the non-proliferation regime.
**Combating the proliferation of the means of delivery of WMD
France, along with 34 other countries, is a member of the Missile Technology Control Regime (MTCR) for control of exports that could contribute to unmanned aerial vehicles for weapons of mass destruction.
France has also subscribed to the Hague Code of Conduct against Ballistic Missile Proliferation (HCoC), which establishes confidence-building and transparency measures with regard to ballistic missiles capable of carrying weapons of mass destruction (prior notification of launches, annual declarations, voluntary site visits).
Under EU Regulation 428/2009, France contributes to combatting the proliferation of the means of delivery of weapons of mass destruction (WMD) by controlling its exports of goods and technologies that could contribute to their proliferation.
**Supporting Treaties establishing Nuclear-Weapon-Free Zones and Giving security assurances
France supports the establishment of Nuclear-Weapon-Free Zones. Nuclear-Weapon-Free Zones arise from international treaties concluded between the States of the relevant region. Such zones are made up of States that have renounced the option of possessing nuclear weapons or of authorising the stationing of such weapons on their territory. They also include, as the case may be, parts of the territory of States outside the Zone, in most cases nuclear-weapon States (NWS), who have likewise undertaken not to deploy nuclear weapons in the areas concerned.
France is the Nuclear Weapons State that has signed the most annex protocols to the nuclear-weapons-free zones treaties. France signed the Antarctica Treaty in 1959 (committing to full demilitarization in Antarctica), the annex protocols of the Tlatleloco Treaty (ratified in 1992), to the Rarotonga Treaty (ratified in 1996) and to the Pelindaba Treaty (ratified in 1996).
Negative security assurances consist of a commitment from nuclear-weapon States (NWS) to refraining from using or threatening to use nuclear weapons against non-nuclear-weapon States (NNWS). Positive security assurances consolidate these negative assurances by obliging States to take steps (relating to collective security or assistance) in the event of any violation of such assurances. France has made strong commitments in this area, both unilaterally and within a regional framework.
France has made strong commitments in this area, both unilaterally and within a regional framework. More than one hundred States benefit from France of negative security assurances accordingly with the protocols annexed to the Treaties creating nuclear-weapons-free zones.
France reiterated its commitments which cover about more than one hundred states. . As such, on October the 17th of 2014, the French President ratified the Protocol of the Semiapalatinsk Treaty (creating a nuclear-weapons-free zone in Central Asia), signed in New York City on May the 6th of 2014 by France and the four other Nuclear-Weapons States, during a side event of the 3rd PrepCom of the 2015 NPT Review Conference. France is also fully committed to sign as soon as possible the protocol of the Bangkok Treaty, in the continuation of the talks between the Nuclear-Weapons States and the ASEAN.
France supports the Middle-East WMD and their vectors free zone, as the Security Council Resolution 687 (1991) and the NPT 1995 Review Conference resolution stated.
France considers negative security assurances as an crucial step toward disarmament in full agreement with the NPT’s article VII.
Through these protocols, France renewed its commitment to all the non-nuclear weapons States parties to the NPT respectful of their non-proliferation obligations. This commitment was reaffirmed by the French president in the speech at the Istres airbase on February the 19th of 2015 “France will not use nuclear weapons against non-nuclear-weapon-States Parties to the Nuclear Non-Proliferation Treaty which comply with their international non-proliferation commitments in terms of weapons of mass destruction” . Thus the implementation of nuclear-weapons-free zones, jointly with negative security assurances, constitutes an essential regional frame of non-proliferation and contributes to the security of all, in accordance with the NPT’s article VII.