EURATOM Cooperation Act of 1958 is a
United States statute which created a cooperative program between the
European Atomic Energy Community
The European Atomic Energy Community (EAEC or Euratom) is an international organisation established by the Euratom Treaty on 25 March 1957 with the original purpose of creating a specialist market for nuclear power in Europe, by developing nucl ...
and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. In pursuant of the
Atomic Energy Act of 1954
The Atomic Energy Act of 1954, 42 U.S.C. §§ 2011-2021, 2022-2286i, 2296a-2297h-13, is a United States federal law that covers for the development, regulation, and disposal of nuclear materials and facilities in the United States.
It was an ame ...
, the cooperative program was an
international agreement
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
provisioning United States policy to establish power plants utilizing
nuclear power
Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced b ...
technology within the European Atomic Energy Community territory. In accordance with the Act, the cooperative agreement sanctioned a civilian nuclear energy research and development program for the evaluation and observation of
nuclear reactor
A nuclear reactor is a device used to initiate and control a fission nuclear chain reaction or nuclear fusion reactions. Nuclear reactors are used at nuclear power plants for electricity generation and in nuclear marine propulsion. Heat from nu ...
s selected by the
Atomic Energy Commission and the European Atomic Energy Community.
The S. 4273
legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
was passed by the 85th Congressional session and enacted into law by the
34th President of the United States Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
on August 28, 1958.
Provisions of the Act
The EURATOM Cooperation Act authorized several key elements for the cooperative international agreement between the European Atomic Energy Community and the United States.
Definitions
![European Atomic Energy Community](https://upload.wikimedia.org/wikipedia/commons/8/8e/European_Atomic_Energy_Community.svg)
:(a) ''The Community'' means the European Atomic Energy Community (EURATOM) consisting of
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
,
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
,
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
,
Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
,
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
, and
West Germany
West Germany is the colloquial term used to indicate the Federal Republic of Germany (FRG; german: Bundesrepublik Deutschland , BRD) between its formation on 23 May 1949 and the German reunification through the accession of East Germany on 3 O ...
.
:(b) The ''Commission'' means the Atomic Energy Commission (AEC), as established by the Atomic Energy Act of 1954
:(c) ''Joint program'' means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for cooperation entered into pursuant of the Atomic Energy Act of 1954 to bring into operation in the territory of the members of the Community power plants using nuclear reactors of types selected by the Commission and the Community, having as a goal a total installed capacity of approximately of electricity by December 31, 1963, except that two reactors may be selected to be in operation by December 31, 1965.
:(d) All other terms used in this Act shall have the same meaning as terms described in the Atomic Energy Act of 1954.
Research and Development Program
:There is authorized to be appropriated to the Commission the sum of $3,000,000 as an initial authorization for fiscal year 1959 for use in a cooperative program of research and development in connection with the types of reactors selected by the Commission and the Community under the joint program. The Commission may enter into contracts for such periods as it deems necessary, but in no event to exceed five years, for the purpose of conducting the research and development program authorized by this section : ''Provided That'' the Community authorizes an equivalent amount for use in the cooperative program of research and development.
Guarantee Contracts
:The Commission is authorized, within limits of amounts which may hereafter be authorized to be appropriated in accordance with the provisions of the Atomic Energy Act of 1954, to make guarantee contracts which shall in the aggregate not exceed a total contingent liability of $90,000,000 designed to assure that the charges to an operator of a reactor constructed under the joint program for fabricating, processing, and transporting fuel will be no greater than would result under the fuel fabricating and fuel life guarantees which the Commission shall establish for such reactor. Within the limits of such amounts, the Commission is authorized to make contracts under this section, without regard to the provisions of the Revised Statutes, for such periods of time as it determines to be necessary : ''Provided however,'' that no such contracts may extend for a period longer than that necessary to cover fuel loaded into a reactor constructed under the joint program during the first ten years of the reactor operation or prior to December 31, 1973 (or December 31, 1976, for not more than two reactors selected, whichever is earlier. In establishing criteria for the selection of projects and in entering into such guarantee contracts, the Commission shall be guided by, but not limited to, the following principles :
::(a) The Commission shall encourage a strong and competitive atomic equipment manufacturing industry in the United States designed to provide diversified sources of supply for reactor parts and reactor fuel elements under the joint program.
::(b) The guarantee shall be consistent with the provisions of this Act and of Attachment A to the
Memorandum of Understanding between the
Government of the United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
and the Community, signed in
Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
on May 29, 1958, and in
Washington, District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, on June 12, 1958, and transmitted to
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
on June 23, 1958.
::(c) The Commission shall establish and publish minimum levels of fuel element cost and life to be guaranteed by the manufacturer as a basis for inviting and evaluating proposals.
::(d) The guarantee by the manufacturer shall be as favorable as any other guarantee offered by the manufacturer for any comparable fuel element within a reasonable time period.
::(e) The Commission shall obtain a royalty-free, non-exclusive, irrevocable license for governmental purposes to any patents on inventions or discoveries made or conceived by the manufacturer in the course of development or fabrication of fuel elements during the period covered by the Commission's guarantee.
Nuclear Material Sale or Lease
:There is authorized for sale or lease to the Community :
::* of contained
Uranium-235
Uranium-235 (235U or U-235) is an isotope of uranium making up about 0.72% of natural uranium. Unlike the predominant isotope uranium-238, it is fissile, i.e., it can sustain a nuclear chain reaction. It is the only fissile isotope that exis ...
::* of
plutonium
Plutonium is a radioactive chemical element with the symbol Pu and atomic number 94. It is an actinide metal of silvery-gray appearance that tarnishes when exposed to air, and forms a dull coating when oxidized. The element normally exhibi ...
:in accordance with the provisions of an agreement for cooperation between the Government of the United States and the Community entered into pursuant of the Atomic Energy Act of 1954 : ''Provided That'' the Government of the United States obtains the equivalent of a first
lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
on any such
nuclear material
Nuclear material refers to the metals uranium, plutonium, and thorium, in any form, according to the IAEA. This is differentiated further into "source material", consisting of natural and depleted uranium, and "special fissionable material", con ...
sold to the Community for which payment is not made in full at the time of transfer.
Acquisition of Nuclear Materials
:(a) The Atomic Energy Commission is authorized to purchase or otherwise acquire from the Community special nuclear material or any interest therein from reactors constructed under the joint program in accordance with the terms of an agreement for cooperation entered into pursuant of the Atomic Energy Act of 1954 : ''Provided That'' neither plutonium nor
Uranium-233
Uranium-233 (233U or U-233) is a fissile Isotopes of uranium, isotope of uranium that is bred from thorium-232 as part of the thorium fuel cycle. Uranium-233 was investigated for use in nuclear weapons and as a Nuclear fuel, reactor fuel. It ha ...
nor any interest therein shall be acquired under this section in excess of the total quantities authorized by law. The Commission is authorized to acquire from the Community pursuant to this section up to of plutonium for use only for peaceful purposes.
:(b) Any contract made under the provisions of this section to acquire plutonium or any interest therein may be at such prices and for such period of time as the Commission may deem necessary : ''Provided That'' with respect to plutonium produced in any reactor constructed under the joint program, no such contract shall be for a period greater than ten years of operation of such reactors or December 31, 1973 (or December 31, 1975, for not more than two reactors, whichever is earlier : ''And provided further'' that no such contract shall provide for compensation or the payment of a purchase price in excess of the Commission's established price in effect at the time of delivery to the Commission for such material as fuel in a nuclear reactor.
:(c) Any contract made under the provisions of this section to acquire uranium enriched in the
isotope
Isotopes are two or more types of atoms that have the same atomic number (number of protons in their nuclei) and position in the periodic table (and hence belong to the same chemical element), and that differ in nucleon numbers (mass numbers) ...
uranium 235 may be at such price and for such period of time as the Commission may deem necessary : ''Provided That'' no such contract shall be for a period of time extending beyond the terminal date of the agreement for cooperation with the Community or provide for the acquisition of uranium enriched in the isotope U-235 in excess of the quantities of such material that have been distributed to the Community by the Commission less the quantity consumed in the nuclear reactors involved in the joint program : ''And provided further'' that no such contract shall provide for compensation or the payment of a purchase price in excess of the Atomic Energy Commission's established charges for such material in effect at the time delivery is made to the Commission.
:(d) Any contract made under this section for the purchase of special nuclear material or any interest therein may be made without regard to the provisions of the Revised Statutes.
:(e) Any contract made under this section may be made without regard to the Revised Statutes, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable.
Nonliability of U.S.
The Government of the United States of America shall not be liable for any damages or third party liability arising out of or resulting from the joint program : ''Provided however,'' that nothing in this section shall deprive any person of any rights under the Atomic Energy Act of 1954. The Government of the United States shall take such steps as may be necessary, including appropriate
disclaimer
A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative langua ...
or
indemnity
In contract law, an indemnity is a contractual obligation of one party (the ''indemnitor'') to compensate the loss incurred by another party (the ''indemnitee'') due to the relevant acts of the indemnitor or any other party. The duty to indemni ...
arrangements, in order to carry out the provisions of this section.
Amendments to 1958 Act
Chronological amendments to the EURATOM Cooperation Act of 1958.
Nuclear Cooperation With EURATOM
Chronological authorizations for United States nuclear cooperation with EURATOM through U.S. Presidential Executive Orders.
See also
*
Euratom Treaty
The Euratom Treaty, officially the Treaty establishing the European Atomic Energy Community, established the European Atomic Energy Community. It was signed on 25 March 1957 at the same time as the Treaty establishing the European Economic Commu ...
*
European Nuclear Energy Tribunal
The European Nuclear Energy Tribunal (ENET) is an international tribunal, established 1 January 1960, that operates under the auspices of the Organisation for Economic Co-operation and Development (OECD). Its member states are Austria, Belgium, D ...
*
Nuclear Energy Agency
The Nuclear Energy Agency (NEA) is an intergovernmental agency that is organized under the Organisation for Economic Co-operation and Development (OECD). Originally formed on 1 February 1958 with the name European Nuclear Energy Agency (ENEA)— ...
*
Nuclear Non-Proliferation Act of 1978
Nuclear Non-Proliferation Act of 1978, 22 U.S.C. § 3201, is a United States federal law declaring that nuclear explosive devices pose a perilous threat to the security interests of the United States and continued international progress towards wor ...
*
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
References
External links
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{{portal bar, 1950s, Energy, Europe, Nuclear technology, United States
1958 in American law
85th United States Congress
Nuclear history of the United States
United States Atomic Energy Commission
United States federal energy legislation
1958 in the environment