Proposition 53K2475

Logo (Chamber of representatives)

Proposition de résolution visant à améliorer la procédure d'exportation de matériel nucléaire.

General information

Author
Vooruit Karin Temmerman
Submission date
Nov. 7, 2012
Official page
Visit
Status
Adopted
Requirement
Simple
Subjects
resolution of parliament nuclear non-proliferation nuclear policy nuclear fuel radioactive waste radioactive materials export

Voting

Voted to adopt
Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR VB

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Discussion

Nov. 14, 2012 | Plenary session (Chamber of representatives)

Full source


Kristof Calvo Groen

The colleagues who follow our work in the Committee on Business or the Subcommittee on Nuclear Safety know that roughly every member of the Commission has a stake horse. For colleague Clarinval is that the federal contribution, for colleague Wollants it is a new nuclear power plant, for me is that the CANVEK.

What follows, deals with a very important theme. Hopefully, this resolution proposal will not be like many other resolutions that quickly accumulate dust and attract little political attention.

This is one of the first files that I was allowed to follow in Parliament. On Wednesday 10 November 2010, after a response from Minister Magnette to a parliamentary question, it turned out that there was a serious problem with the policy of nuclear exports in our country. There are the quarrels, the community disputes and the war between the Flemish Region and the federal government with complaints to the Constitutional Court on legislation on nuclear exports. The Flemish government actually says that the federal government is interfering too much in its business. This can be taken literally in this case. The regional services, in particular the Flemish services, are primarily exporting. They look at it through economic glasses. The piece must be brought up. Hence a complaint to the Constitutional Court, which has annulled the complaint. Flanders is in the wrong position. Decisions of the Constitutional Court are important in our country.

In November 2010 it was also revealed that new exports to Iran took place. I’m not a specialist in international politics, but I know enough to know that Iran and nuclear material don’t fit together. In the Subcommittee on Nuclear Safety we had a number of parliamentary discussions. The file fell from the table several times and was repeatedly imposed. Two years later there was a resolution. Every progress should be appreciated. The text that prevails is a fair political compromise. During that Echternach procession, we proposed some points that were not included in the resolution. However, a majority is included.

I summarize the most important: an update of the export lists of the materials subject to control and discussion by the CANVEK, the organization of information moments for the exporters, the preparation of a cooperation agreement to leave the community wars behind us, the implementation of the catch-all clause through a royal decree and the development of a framework for the detection and detection of nuclear crimes.

Mr. Secretary of State, the Parliament has done its work, though rather slowly. It has submitted to the government a resolution containing the main work paths. The question is how quickly you will implement them. I know that there are some designs circulating on this subject. The files are not entirely new. My question is how fast you want to go.

Colleagues, the upcoming honourable compromise is of course a milestone in political history, but we really hope that even more important steps will be taken. We look at you, Mr. Secretary of State. When it comes to proliferation and international security, only the best is good enough.

At the International Atomic Energy Agency, where Belgium has a very poor image regarding nuclear exports, one really does not care whether a decision is taken by Rudy Demotte, Kris Peeters or Melchior Wathelet. The fact that international transports to Iran take place is not good for the international credibility of our country. If you do not quickly implement the recommendations formulated by Parliament after two years of debate, it is only a matter of time before we will again face such a case.

The November 2010 file is not the first file, there have been previous ones. I make a call to action. Instead of the rise, Belgium can be a model country, with strict, fair legislation on nuclear exports. That is a task for you, Mr. Secretary of State.


Joseph George LE

I would like to speak briefly since I was the rapporteur of the working group. I hear Mr. Calvo; indeed, we have worked in optimal conditions to come to a decision and to accurate and practical recommendations. This aspect of things has obviously been the guiding line for the members of the working group; it is worth thanking them for this.

In this matter, there were, first of all, criminal proceedings that we had not undertaken, which were covered by the secrecy of judicial proceedings. In addition, the reports of the CANPAN are confidential. We therefore had to work in accordance with the mission entrusted by the Committee on the Internal Affairs to ensure and extend the recommendations of the Subcommittee on Nuclear Safety approved by our plenary session of 29 April 2010; furthermore, the procedures for prior export authorisation had to be optimized.

A series of proposals are formulated here by the working group and taken over by the Interior Committee. Let me emphasize a few aspects. The working group heard many people whose opinions were ⁇ interesting and enlightening; we heard both members of CANPAN and those of Customs and Accises, the Ministry of Foreign Affairs and State Security.

These hearings allowed us to better understand the problem, especially since the matter is now exclusively of federal competence. The Constitutional Court clarified the matter, while knowing that the Regions have been associated with our work. Indeed, we contacted the three regional parliaments to ask them to inform our subcommittee of the work they would have undertaken on the matter. The report results in a series of recommendations aimed at raising awareness in advance for all companies likely to be exporting companies, through mandatory information sessions, and to ensure that all data is communicated to CANPAN, which is the key commission in this procedure.

In this context, if the government takes things to heart – it will do, I am convinced – we will avoid the incidents known in the past. But this does not prevent these incidents from continuing to be of interest and concern to us, since we know that criminal prosecution and judicial proceedings could be launched. And maybe, through these procedures, we will discover other problems that have been ignored.

In conclusion, Mr. Speaker, dear colleagues, I would say that this file, like all "security" files, is a file that is never closed. This is the type of file that is opened and on which progress is made; moreover, as information becomes available, it is necessary to reconstruct and extend the measures to be taken.


Willem-Frederik Schiltz Open Vld

Mr. Speaker, colleagues, the resolution presented today is about CANVEK. That probably says you nothing, which is a commission that advises on the export of nuclear material.

It is about non-proliferation. Our country has undertaken commitments to not simply throw away technological knowledge on nuclear weapons and nuclear energy to anyone who wants to use or abuse it for malicious purposes. The enforcement of such non-proliferation must be strictly followed. I would like to thank Mr. George for pointing out this. This is a permanent concern that this Parliament should nurture.

Contrary to the caricature of Mr. Calvo, as he repeatedly launches in this hemisphere, we live in a complex country. Belgium is a federation — some speak of a confederation, soit — with states and shared powers. This is a continuous process in which this Parliament, as the federal foothold of that multiple vacancy, must ensure that this complexity does not lead to poor governance or regulatory errors.

Mr. Calvo, if you come here angry about that complexity, about the fact that not everything is perfect, then you are here in the wrong place, then you should write books about Utopia. I am in Parliament to change things. I am here to set up with you, for example, the Nuclear Safety Subcommittee, to remain the watchful eye with colleague George. I will not deny that you are the lice in the fur of many ministers and that you, as fellow MPs, often delight us with your narrow comments.

Colleagues, I am pleased that Mr. Calvo’s caricature mill has stopped for a moment and that he has understood the meaning of this consensus resolution, which, for all clarity, has been approved together with the other colleagues from the opposition.

I have already said it, it is about imposing a rigorous follow-up, the dissection of the complex advisory chain that is the CANVEK, because in that advisory body consultation takes place between the customs, the State Security and the export licensing authorities in Flanders and the other regions and regions.

With this resolution, we agree to the stronger integration of our non-proliferation obligations. There is also a stronger international cooperation, which we already see emerging and in which our government must sign up to, indeed Mr. Calvo and Mr. George, be at the forefront when it comes to non-proliferation and nuclear security.

The colleagues discussed a number of themes. Of course, a compromise must be reached. Personally, I would like to point out the request to the Government for clarification regarding the control mechanism for the so-called dual-user products. These are products that should not cause military or security concerns, but that can still be used in a military complex by manipulation or misuse.

This is a gap that is currently in the law. There are problems here and there. Mr. George rightly refers to legal procedures. The separation of powers is still honored in this country. Therefore, my subcommittee must, unfortunately, or ⁇ fortunately, wait from time to time until the secret of criminal investigation allows us and the ministers to intervene decisively.

Colleagues, I invite you to approve this resolution as unanimously as in the committee, in order then to continue to raise awareness of the government and to be permanently vigilant. We will continue to follow this subcommittee until the end of the days, as long as nuclear technology is available.


President André Flahaut

Mr Calvo asks for the word. For a personal fact?


Kristof Calvo Groen

I would like to ask for the word for some personal facts. However, I will not engage in the controversy on a joyful day like today.

Mr. Schiltz, I have absolutely not tried to make a caricature of the problem. These are the phenomena underlying our work, which are, on the one hand, the conflict between Flanders and the federal level. In the closed meeting, you have also been able to take note of that conflict. I can also send you the CANVEK reports again. On the other hand, the Waals Region by the mouth of Mr. Demotte jumped very sluggish with the file. These are the facts. Otherwise, the working group would not have been there.

Finally, I almost forgot to report that I, like Mr. George, thank the members of the subcommittee for the good cooperation that has produced a valuable text, whatever should be mentioned.


President André Flahaut

The incident is closed. The incident is closed.