Declaration of Research and Development Activities under the Additional Protocol: A realistic view

The Additional Protocol (AP) to the Safeguards Agreement calls for the declaration of nuclear fuel cycle – related R&D activities not involving nuclear materials to the International Atomic Energy Agency. States with a medium to large sized active nuclear cycle typically sustain a balanced R&D nuclear programme, including a considerable number of nuclear fuel cycle-related R&D activities, carried out either privately or State-controlled. Beyond any doubt, declaration of R&D activities is one of the most sensitive aspects of the AP and it is very likely that it will take some time to reach a universally accepted interpretation of its obligations. A clear understanding of a State’s commitments and the Agency’s rights in relation to the declaration of R&D activities not involving nuclear materials are key elements for adequately addressing the requirements of the AP. Misinterpretation of the AP obligations could lead either to excessive burden for States and operators or to incomplete declarations, which may weaken the objectives of the AP and deserve further inquiry from the Agency. While the latter is true for most AP provisions, it is particularly relevant to R&D activities for several reasons: i) The wording of the AP requirements is open to interpretation, mainly due to the broad concepts embedded in the definition of nuclear fuel cycle – related R&D activities; ii) the role of the State needs to be discussed, in order to understand when it has a genuine control or knowledge of the specific research activities carried out by the involved players; and iii) the declaration should focus on added-value information for the Agency’s strengthened safeguards mission. Excessive R&D declarations would be an unnecessary burden for States, operators, and the Agency. This paper discusses a number of conceptual and practical implementation issues in relation to the declaration of R&D activities under the AP as discussed by the members of the ESARDA working group on Integrated Safeguards. These issues were conveyed to the Agency as a contribution of the WG to the revision of the August 1997 version of its guidelines for declarations under articles 2 and 3 of the AP.