Policy background
6 On 1 July 1968, the United Kingdom signed the Treaty on the Non-Proliferation of Nuclear Weapons ("NPT"). Under the NPT, the nuclear weapon states (China, France, Russia, the United Kingdom and the United States) undertake not to transfer nuclear weapons or any other explosives devices, and not to support manufacture or acquisition of such weapons or devices by non-nuclear weapon states. Non-nuclear-weapon states undertake not to acquire or produce nuclear weapons or nuclear explosive devices and to accept international monitoring of their nuclear material by the IAEA pursuant to "full-scope or comprehensive safeguards agreements".
7 The IAEA is the UN-associated body responsible for oversight of the global non-proliferation regime and safeguards arrangements. A fundamental principle of the global non-proliferation and safeguards regime is that nuclear safeguards oversight is independent of the country, therefore providing reassurance to international partners that material from civil nuclear programmes is not used otherwise than for civil activities (and therefore not for weapons purposes). As such, the nuclear weapon states have voluntarily accepted international monitoring of their civil nuclear material, with exemptions for defence purposes, through IAEA safeguards.
8 On 1 January 1973, the United Kingdom became a member of Euratom and of the European Community (which has since evolved to become today’s European Union). One of Euratom’s functions is to implement a system of safeguards to control the use of nuclear materials within EU member states. Consequently, the United Kingdom’s current safeguard regime and its main international agreements on nuclear safeguards with the IAEA are fundamentally underpinned by the United Kingdom’s membership of Euratom.
9 The European Union (Notification of Withdrawal) Act 2017 received Royal Assent on 16 March 2017.
10 On 29 March 2017 the Prime Minister gave notification of withdrawal of the United Kingdom from the European Union and from Euratom under section 1(1) of the European Union (Notification of Withdrawal) Act 2017 1 ).
11 Following its notification to the European Commission, the Government set out its intention to legislate to put in place a domestic safeguards regime operated by the existing nuclear regulator, the ONR. The ONR currently performs inspections on United Kingdom nuclear facilities for a range of purposes safety and security (and it has a complementary role supporting Euratom’s and the IAEA’s work in respect of nuclear safeguards).
12 The new domestic safeguards regime will replace the current regime operated by Euratom that will cease to have effect in the United Kingdom in 2019. The Queen’s Speech on 21 June 2017 included a Nuclear Safeguards Bill. The Government said:
"The Bill will establish a UK nuclear safeguards regime as we leave the European Union and Euratom. The Bill will give the Office for Nuclear Regulation powers to take on the role and responsibilities required to meet our international safeguards, and nuclear non-proliferation, obligations."
13 Upon withdrawal from Euratom, the United Kingdom’s main agreements with the IAEA will become ineffective (as they are based on Euratom membership) and will need to be renegotiated to provide for the United Kingdom’s future safeguards obligations. A new domestic nuclear safeguards regime is therefore essential to ensure the United Kingdom is able to meet the future obligations that are to be negotiated with the IAEA or other states.
14 The new domestic nuclear safeguards regime will therefore provide the necessary flexibility to implement obligations from relevant international agreements.
15 There are no plans to consult formally at this stage; this is as the aim of this legislation is to create a framework to ensure continuity in the United Kingdom’s ability to meet its international nuclear non-proliferation obligations. There would however be a full consultation on the new domestic safeguards regime and impact assessment around subsequent secondary legislation which would detail the scope of a future regime, including specific reporting requirements.
1 In accordance with Article 50(2) of the Treaty on European Union and Article 50 as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community.