Year
2023
File Attachment
finalpaper_414_0521095050.pdf769.89 KB
Abstract
Continuous regulatory control of nuclear material in a State is key in meeting the obligations
under the Amendment to the Convention on Physical Protection of Nuclear Material (A/CPPNM) and the
United Nations Security Council Resolution on Non-proliferation of Weapons of Mass Destruction
(UNSCR 1540 or Resolution). The International Atomic Energy Agency (IAEA) Nuclear Security
Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (NSS 13), also
known as INFCIRC/225/Revision 5, provides that the operator should ensure control of and be able to
account for all nuclear material at a nuclear facility at all times and report any confirmed accounting
discrepancy in a timely manner as stipulated by the competent authority. Recent analysis from the Pacific
Northwest National Laboratory (PNNL) reviewed how adoption of national laws and regulations
specifically governing the use of nuclear material accounting and control (NMAC) for security can
promote effective implementation of this principle and of corresponding international requirements.
Continuing this work, PNNL undertook a preliminary review of laws and regulations governing NMAC
in the European Union (EU) region to assess practices among a set of developed countries with nuclear
fuel cycle infrastructure as a starting point for a broader global survey to identify regulatory good
practices on NMAC for security. Preliminary findings suggest that EU non-nuclear weapon States
(NNWS) under the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) typically lack dedicated
regulations on this topic, tending instead to rely on the regional authority for international nuclear
safeguards, the European Atomic Energy Community (Euratom), to carry out oversight of nuclear
material accounting. A somewhat deeper review of the EU and Euratom framework sparks important
questions about whether a regional authority may or should conduct material accountancy oversight
activities for security when security is generally recognized as a national responsibility, and whether an
additional layer of accountancy oversight at the national level may be called for. This paper offers initial
results from this review as an invitation to validate its findings and a basis for further discussions on the
topic.