Rep. of the Marshall Islands v. USA, et al

Filing

FILED OPINION (M. MARGARET MCKEOWN, JAY S. BYBEE and SUSAN OKI MOLLWAY) AFFIRMED. Judge: MMM Authoring, FILED AND ENTERED JUDGMENT. [10526450]

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NPT/CONF.2010/50 (Vol. I)*

2010 Review Conference of the Parties
to the Treaty on the Non-Proliferation
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NPT/CONF.2010/50 (Vol. I)*

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Note
The Final Document of the 2010 Review Conference of the Parties to the
Treaty of the Non-Proliferation of Nuclear Weapons consists of four parts in three
volumes:
Volume I
Part I

NPT/CONF.2010/50 (Vol. I)
Review of the operation of the Treaty, as provided for in its
article VIII (3), taking into account the decisions and the
resolution adopted by the 1995 Review and Extension Conference
and the Final Document of the 2000 Review Conference
Conclusions and recommendations for follow-on actions .
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Summary records and list of participants

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Volume I
Contents
Page

Part I
Review of the operation of the Treaty, as provided for in its article VIII (3), taking into
account the decisions and the resolution adopted by the 1995 Review and Extension
Conference and the Final Document of the 2000 Review Conference . . . . . . . . . . . . . . . . . . . .

2

Conclusions and recommendations for follow-on actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Organization and work of the Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

Organization of the Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

Participation in the Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

Financial arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

Work of the Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

39

Part II

.S.A
Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ds . v. .U. . . . . . . . . . . . . . . . . . . .
... .. .
17
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Conclusions and recommendations of the Conference . . 6,. 2.0 . . . . . . . . . . . . . . . . . . . . .
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Part I
Review of the operation of the Treaty, as
provided for in its article VIII (3), taking
into account the decisions and the resolution
adopted by the 1995 Review and Extension
Conference and the Final Document of the
2000 Review Conference
Conclusions and recommendations for
follow-on actions
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Part I
Review of the operation of the Treaty, as provided for in
its article VIII (3), taking into account the decisions and
the resolution adopted by the 1995 Review and Extension
Conference and the Final Document of the
2000 Review Conference 1
Articles I and II and first and third preambular paragraphs
1.
The Conference reaffirms that the full and effective implementation of the
Treaty on the Non-Proliferation of Nuclear Weapons and the regime of
non-proliferation in all its aspects has a vital role in promoting international peace
and security. The Conference reaffirms that every effort should be made to
implement the Treaty in all its aspects and to prevent the proliferation of nuclear
weapons and other nuclear explosive devices, without hampering the peaceful uses
of nuclear energy by States parties to the Treaty. The Conference remains convinced
that universal adherence to the Treaty and full compliance of all parties with all its
provisions are the best way to prevent the spread of nuclear weapons and other
A.
nuclear explosive devices.
U.S.

s v.

2.
The Conference recalls that the overwhelming Island of States entered into
ll majority 017
legally binding commitments not to receive,hmanufacture6, otherwise acquire
rs a uly 2 or2
e Ma on in
nuclear weapons or other nuclearfexplosive devices J the context, inter alia, of the
o th ived the nuclear-weapon States to nuclear
corresponding legally binding commitments by
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disarmament inin
accordance 63 the Treaty.

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3.
The Conference notes that the nuclear-weapon States reaffirmed their
No.
commitment not to transfer to any recipient whatsoever nuclear weapons or other
nuclear explosive devices, or control over such weapons or explosive devices
directly, or indirectly, and not in any way to assist, encourage or induce any
non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or
other nuclear explosive devices, or control over such weapons or explosive devices.
4.
The Conference notes that the non-nuclear-weapon States parties to the Treaty
reaffirmed their commitment not to receive the transfer from any transferor
whatsoever of nuclear weapons or other nuclear explosive devices or of control over
such weapons or explosive devices directly, or indirectly, not to manufacture or
otherwise acquire nuclear weapons or other nuclear explosive devices, and not to
seek or receive any assistance in the manufacture of nuclear weapons or other
nuclear explosive devices.
5.
The Conference reaffirms the commitment of States parties to the effective
implementation of the objectives and provisions of the Treaty, the decisions and
resolution of the 1995 Review and Extension Conference of the Parties to the Treaty

__________________
1

2

The present review is the responsibility of the President and reflects to the best of his knowledge
what transpired at the Review Conference with regard to matters under review.

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on the Non-Proliferation of Nuclear Weapons 2 adopted without a vote, and the Final
Document of the 2000 Review Conference, 3 adopted by consensus.
6.
The Conference reaffirms that the strict observance of all the provisions of the
Treaty remains central to achieving the shared objectives of the total elimination of
nuclear weapons, preventing, under any circumstances, the further proliferation of
nuclear weapons and preserving the Treaty’s vital contribution to peace and security.
7.
The Conference emphasizes that responses to concerns over compliance with
any obligation under the Treaty by any State party should be pursued by diplomatic
means, in accordance with the provisions of the Treaty and the Charter of the United
Nations.
8.
The Conference recognizes that breaches of the Treaty’s obligations undermine
nuclear disarmament, non-proliferation and peaceful uses of nuclear energy.

Article III and fourth and fifth preambular paragraphs, especially
in their relationship to article IV and the sixth and seventh
preambular paragraphs
9.
The Conference reaffirms that the International Atomic Energy Agency
(IAEA) is the competent authority responsible for verifying and assuring, in
accordance with the statute of IAEA and the IAEA safeguards system, .compliance
A.
U.S of their
by States parties with their safeguards agreements undertaken in .fulfilment
ds v
obligations under article III, paragraph 1, of the Treaty with a view7to preventing
Islan , 201
ll
6
diversion of nuclear energy from peaceful arshanuclear weapons or other nuclear
M uses ton July 2 nothing should be done
e the Conference that
explosive devices. It is the conviction of
of th
do
to undermine the authority ofcIAEA incthis regard. States parties that have concerns
ubli , ar hive
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regarding non-compliance 5636the safeguards agreements of the Treaty by the
in Re
ed should 5-1 with concerns, along with supporting evidence and
cit
States parties o. 1 direct such
N
information, to IAEA to consider, investigate, draw conclusions and decide on
necessary actions in accordance with its mandate.
10. The Conference reaffirms the importance of access to the United Nations
Security Council and the General Assembly by IAEA, including its Director
General, in accordance with article XII.C of the statute of IAEA and paragraph 19 of
IAEA document INFCIRC/153 (Corrected), and the role of the United Nations
Security Council and the General Assembly, in accordance with the Charter of the
United Nations, in upholding compliance with IAEA safeguards agreements and
ensuring compliance with safeguards obligations by taking appropriate measures in
the case of any violations notified to it by IAEA.
11. The Conference recognizes that IAEA safeguards are a fundamental
component of the nuclear non-proliferation regime, play an indispensable role in the
implementation of the Treaty and help to create an environment conducive to
nuclear cooperation.
__________________
2

3

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1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I)), annex.
2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear
Weapons, Final Document, vols. I-III (NPT/CONF.2000/28 (Parts I-IV)).

3

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12. The Conference recalls paragraph 12 of decision 2, entitled “Principles and
objectives for nuclear non-proliferation and disarmament”, of the 1995 Review and
Extension Conference, which provides that new supply arrangements for the transfer
of source or special fissionable material or equipment or material especially
designed or prepared for the processing, use or production of special fissionable
material to non-nuclear-weapon States should require, as a necessary precondition,
acceptance of the comprehensive IAEA safeguards and internationally legally
binding commitments not to acquire nuclear weapons or other nuclear explosive
devices.
13. The Conference reaffirms that the implementation of comprehensive
safeguards agreements pursuant to article III, paragraph 1, of the Treaty should be
designed to provide for verification by IAEA of the correctness and completeness of
a State’s declaration, so that there is a credible assurance of the non-diversion of
nuclear material from declared activities and of the absence of undeclared nuclear
material and activities.
14. The Conference welcomes that 166 States have brought into force
comprehensive safeguards agreements with IAEA in compliance with article III,
paragraph 4, of the Treaty.
15. The Conference welcomes the fact that since May 1997, the IAEA Board of
Governors has approved additional protocols (INFCIRC/540 (Corrected)) to
comprehensive safeguards agreements for 133 States. Additional .S.A.
protocols are
v. U
currently being implemented in 102 States.
ds

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16. The Conference welcomes that all nuclear-weapon States2have now brought
rsha uly 6,
Mavoluntary-offer2safeguards agreements
into force additional protocols tohe
t their in d on J
incorporating those measures c of
for
li providedchivethe model additional protocol that each
ub
nuclear-weapon n State has 36, ar
Rep 6 identified as capable of contributing to the
i
5
non-proliferation and efficiency aims of the protocol.
cited
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No.

17. The Conference recognizes that comprehensive safeguards agreements based
on IAEA document INFCIRC/153 (Corrected) have been successful in their main
focus of providing assurance regarding declared nuclear material and have also
provided a limited level of assurance regarding the absence of undeclared nuclear
material and activities. The Conference notes that the implementation of measures
specified in the model additional protocol provides, in an effective and efficient
manner, increased confidence about the absence of undeclared nuclear material and
activities in a State as a whole. The Conference notes that numerous States were of
the view that those measures have been introduced as an integral part of the IAEA
safeguards system. The Conference also notes that it is the sovereign decision of any
State to conclude an additional protocol, but once in force, the additional protocol is
a legal obligation.
18. The Conference notes that many States recognize that comprehensive
safeguards agreements and additional protocols are among the integral elements of
the IAEA safeguards system. The Conference notes that in the case of a State party
with a comprehensive safeguards agreement concluded pursuant to article III,
paragraph 1, of the Treaty and supplemented by an additional protocol in force,
measures contained in both instruments represent the enhanced verification standard
for that State. The Conference notes that the additional protocol represents a
significant confidence-building measure. The Conference encourages all States

4

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parties that have not yet done so to conclude and bring into force an additional
protocol.
19. The Conference stresses the importance of maintaining and observing fully the
principle of confidentiality regarding all information related to implementation of
safeguards in accordance with safeguards agreements and the IAEA statute.
20. The Conference welcomes the important work being undertaken by IAEA in
the conceptualization and development of State-level approaches to safeguards
implementation and evaluation, and in the implementation of State-level integrated
safeguards approaches, which result in an information-driven system of verification
that is more comprehensive, as well as more flexible and effective. The Conference
welcomes the implementation by IAEA of integrated safeguards in 47 States parties.
21. The Conference notes that bilateral and regional safeguards can play a key role
in the promotion of transparency and mutual confidence between States, and that
they can also provide assurances concerning nuclear non-proliferation.
22. The Conference notes the concerns expressed by numerous States parties with
respect to matters of non-compliance with the Treaty by States parties, and their
calls on those States that are non-compliant to move promptly to full compliance
with their obligations.
23. The Conference underscores the importance of IAEA exercising fully its
mandate and its authority to verify the declared use of nuclear material and .
.S.A facilities
and the absence of undeclared nuclear material and activities v. U
in States parties in
nds
conformity with comprehensive safeguards agreementsaand, where 7
ll Isl 6, 201 relevant, with
ha
additional protocols, respectively.
Mars
uly 2

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24. The Conference is of the view that the implementation of additional protocols
ic of rch ved
ubland effective itools for obtaining additional information
equips IAEA with Rep
efficient
6, a
ed in of 5-1563 nuclear material and activities in non-nuclearabout theit absence 1 undeclared
c
No.
weapon States. The Conference notes that many States were of the view that
additional protocols also equip IAEA with access that provides the basis for credible
assurance.

25. The Conference welcomes the efforts of IAEA to assist the States parties in
strengthening their national regulatory controls of nuclear material, including the
establishment and maintenance of State systems of accounting for and control of
nuclear material.
26. The Conference recognizes that national rules and regulations of States parties
are necessary to ensure that the States parties are able to give effect to their
commitments with respect to the transfer of nuclear and nuclear-related dual-use
items to all States taking into account articles I, II and III of the Treaty, and, for
States parties, also fully respecting article IV. The Conference notes that numerous
States underline that effective and transparent export controls are important for
facilitating the fullest possible exchange of equipment, materials and scientific and
technological information for the peaceful uses of nuclear energy, which, in the
view of those States, depends on the existence of a climate of confidence about
non-proliferation.
27. The Conference notes the paramount importance of effective physical
protection of all nuclear material and the need for strengthened international
cooperation in physical protection. The Conference welcomes the adoption in 2005

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of the amendments to the Convention on the Physical Protection of Nuclear
Material. 4
28. The Conference emphasizes the important role of IAEA in fostering
international cooperation in nuclear security in establishing a comprehensive set of
nuclear security guidelines, and in assisting Member States, upon request, in their
efforts to enhance nuclear security.
29. The Conference recognizes the need for enhanced international cooperation
and coordination among States parties, in accordance with their national legal
authorities and legislation, in preventing, detecting and responding to illicit
trafficking in nuclear and other radioactive material. In this regard, the Conference
notes the work of IAEA in support of the efforts of States parties to combat such
trafficking, including the Agency’s activities undertaken to provide for an enhanced
exchange of information and the continued maintenance of its illicit trafficking
database.
30. The Conference notes the entry into force in 2007 of the International
Convention for the Suppression of Acts of Nuclear Terrorism. 5

Article IV and sixth and seventh preambular paragraphs
31. The Conference reaffirms that nothing in the Treaty shall be interpreted as
A.
U.S.
affecting the inalienable right of all the parties to the Treaty to. develop research,
v
production and use of nuclear energy for peaceful purposes without 7
ands 0
Islthe Treaty. 1 discrimination
al
and in conformity with articles I, II, III andhIV l of
6, 2 The Conference
Marsfundamental2objectives of the Treaty.
uly
recognizes that this right constituteshe of the on J
f t one ved
In this connection, theublic o
Conference confirms that each country’s choices and
chi
decisions in thein Reppeaceful uses of nuclear energy should be respected without
field of
6, ar
63
jeopardizing d policies-15international cooperation agreements and arrangements
cite its o. 15 or
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for peaceful uses of nuclear energy and its fuel cycle policies.
32. The Conference reaffirms that all States parties to the Treaty undertake to
facilitate, and have the right to participate in, the fullest possible exchange of
equipment, materials and scientific and technological information for the peaceful
uses of nuclear energy in conformity with all the provisions of the Treaty. States
parties to the Treaty in a position to do so should also cooperate in contributing
alone or together with other States parties or international organizations to the
further development of the applications of nuclear energy for peaceful purposes,
especially in the territories of non-nuclear-weapon States parties to the Treaty, with
due consideration for the needs of the developing areas of the world.
33. The Conference urges that in all activities designed to promote the peaceful
uses of nuclear energy, preferential treatment be given to the non-nuclear-weapon
States parties to the Treaty, taking the needs of developing countries, in particular,
into account.
34. The Conference calls upon all States parties, in acting in pursuance of the
objectives of the Treaty, to observe the legitimate right of all States parties, in
particular developing States, to full access to nuclear material, equipment and
__________________
4
5

6

United Nations, Treaty Series, vol. 1456, No. 24631.
United Nations General Assembly resolution 59/290, annex.

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technological information for peaceful purposes. Transfers of nuclear technology
and international cooperation among States parties in conformity with articles I, II
and III of the Treaty are to be encouraged. They would be facilitated by eliminating
undue constraints that might impede such cooperation.
35. The Conference underlines the role of IAEA in assisting developing States
parties in the peaceful uses of nuclear energy through the development of effective
and efficient programmes aimed at improving their scientific, technological and
regulatory capabilities.
Peaceful uses of nuclear energy: nuclear energy and technical cooperation
36. The Conference emphasizes that cooperation, to accelerate and enlarge the
contribution of atomic energy to peace, health and prosperity throughout the world,
in the peaceful uses of nuclear energy, is one of the core objectives enshrined in the
IAEA statute.
37. The Conference positively notes and further encourages active cooperation of
States parties, among themselves and through IAEA, in the peaceful uses and
applications of nuclear energy, including through international technical
cooperation.
38. The Conference underlines that IAEA activities in the field of technical
cooperation, nuclear power and non-power applications contribute in an important
.A.
way to meeting energy needs, improving health, combating poverty,.S
U protecting the
v.
environment, developing agriculture, managing the use ds water 7
s n of , 2 1 Millennium
Ito laachieve 0theresources and
optimizing industrial processes, thus helpingll
26
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e Ma o as well
of th
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multilateral cooperation, contribute to achieving objectives set forth in article IV of
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39. The i Conference 5
No. affirms the importance of public information in connection
with peaceful nuclear activities in States parties to help build acceptance of peaceful
uses of nuclear energy.

40. The Conference emphasizes the importance of the technical cooperation
activities of IAEA, and stresses the importance of nuclear knowledge-sharing and
the transfer of nuclear technology to developing countries for the sustainment and
further enhancement of their scientific and technological capabilities, thereby also
contributing to their socio-economic development in areas such as electricity
production, human health, including the application of nuclear technology in cancer
therapy, and the use of nuclear techniques in environmental protection, water
resources management, industry, food, nutrition and agriculture.
41. The Conference stresses that the IAEA technical cooperation programme, as
one of the main vehicles for the transfer of nuclear technology for peaceful
purposes, is formulated in accordance with the IAEA statute and guiding principles,
as contained in INFCIRC/267, and in accordance with relevant directives of the
General Conference and the Board of Governors.
42. The Conference notes the continuous collaborative efforts by IAEA and its
member States to enhance the effectiveness and efficiency of the IAEA technical
cooperation programme.

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43. The Conference recognizes that regional cooperative arrangements for the
promotion of the peaceful use of nuclear energy can be an effective means of
providing assistance and facilitating technology transfer, complementing the
technical cooperation activities of IAEA in individual countries. It notes the
contributions of the African Regional Cooperative Agreement for Research,
Development and Training related to Nuclear Science and Technology, the Regional
Cooperative Agreement for the Advancement of Nuclear Science and Technology in
Latin America and the Caribbean, the Regional Cooperative Agreement for
Research, Development and Training related to Nuclear Science and Technology for
Asia and the Pacific and the Cooperative Agreement for Arab States in Asia for
Research, Development and Training related to Nuclear Science and Technology, as
well as the strategy for the IAEA technical cooperation programme in the European
region.
44. The Conference calls on States parties to make every effort and take practical
steps to ensure that the IAEA resources for technical cooperation activities are
sufficient, assured and predictable to meet the objectives mandated in article II of
the IAEA statute, notes with appreciation the 94 per cent rate of attainment level by
the end of 2009, and looks forward to reaching the rate of 100 per cent, which is
central to reconfirming the commitment of IAEA member States to the IAEA
technical cooperation programme, and thus recalls that the financing of technical
cooperation should be in line with the concept of shared responsibility and that all
members share a common responsibility towards financing and .S.A.
enhancing the
v. U
technical cooperation activities of IAEA.
ds

Islan

17

45. The Conference welcomes the commitment of the IAEA 20
hall
6, Director General to
Mars ntheuly 2 needs of human beings
ensuring that the work of IAEA continues to meet J basic
e
th
o
in the fields of, inter alia,ic of
ived
ubl human rhealth, including the application of nuclear
chresources, industry, food, nutrition and
technology in n Rep therapy,6, a
i cancer
63 water
agriculture,eand especially 5 initiative of the IAEA Director General to highlight
cit d o. 15-1 the
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cancer control as a priority for IAEA during 2010.

46. The Conference welcomes the contributions already pledged by countries and
groups of countries in support of IAEA activities. Such additional resources can
contribute to the achievement of the Millennium Development Goals.
47. The Conference supports national, bilateral and international efforts to train
the skilled workforce necessary for developing peaceful uses of nuclear energy.
Nuclear power
48. The Conference acknowledges that each State party has the right to define its
national energy policy.
49. The Conference recognizes that a diverse portfolio of energy sources will be
needed to allow access to sustainable energy and electricity resources in all regions
of the world, and that States parties may pursue different ways to achieve their
energy security and climate protection goals.
50. The Conference recognizes the safety and security issues associated with
nuclear energy, as well as the important issue of managing spent fuel and
radioactive waste in a sustainable manner, while also recognizing the continuing
international efforts to address those issues. Nuclear fuel suppliers are encouraged

8

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to work with and assist recipient States, upon request, in the safe and secure
management of spent fuel.
51. The Conference recognizes that the development of an appropriate
infrastructure to support the safe, secure and efficient use of nuclear power, in line
with relevant IAEA standards and guidelines, is an issue of central importance,
especially for countries that are planning for the introduction of nuclear power.
52. The Conference confirms that, when developing nuclear energy, including
nuclear power, the use of nuclear energy should be accompanied by commitments to
and ongoing implementation of safeguards, as well as appropriate and effective
levels of safety and security, in accordance with IAEA standards and consistent with
the national legislation and respective international obligations of States.
53. The Conference notes the importance, for countries developing their capacities
in this field, of working to further develop and promote advanced nuclear
technologies, nationally and through cooperation in all relevant international
initiatives such as the International Project on Innovative Nuclear Reactors and Fuel
Cycles (INPRO), the International Thermonuclear Experimental Reactor (ITER) and
the Generation IV International Forum.
54. The Conference notes the High-level African Regional Conference on the
Contribution of Nuclear Energy to Peace and Sustainable Development, held in
Algiers in January 2007, the International Ministerial Conference on . Nuclear
.A
Energy in the 21st Century, organized by IAEA in Beijing in April .S
U 2009,
v. in Paris inand the
International Conference on Access to Civil Nuclear Energy, s
March
nd held
ll Isla 6, 2017
2010.
ha
s
2

Mar

July

55. The Conference encourages the States d on
of the
e concerned to further develop a new
generation of proliferation-resistant archiv reactors.
nuclear
ublic
ep

in R
636,
cited o. 15-15the nuclear fuel cycle
Multilateral approaches to
N

56. The Conference notes the adoption by the IAEA Board of Governors in
November 2009 of its resolution on the establishment in the Russian Federation of a
reserve of low-enriched uranium for the use of IAEA member States, and the
signature in March 2010 of the relevant agreement between the Russian Federation
and IAEA.
57. The Conference underlines the importance of continuing to discuss in a
non-discriminatory and transparent manner under the auspices of IAEA or regional
forums, the development of multilateral approaches to the nuclear fuel cycle,
including the possibilities to create mechanisms for assurance of nuclear fuel
supply, as well as possible schemes dealing with the back-end of the fuel cycle,
without affecting rights under the Treaty and without prejudice to national fuel cycle
policies, while tackling the technical, legal and economic complexities surrounding
these issues, including in this regard the requirement of IAEA full scope safeguards.
Nuclear safety and nuclear security
58. The Conference stresses the importance of nuclear safety and nuclear security
for the peaceful uses of nuclear energy. While nuclear safety and nuclear security
are national responsibilities, IAEA should play the key role in the development of

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safety standards, nuclear security guidance and relevant conventions based on best
practice.
59. The Conference notes that a demonstrated global record of safety is a key
element for the peaceful use of nuclear energy and that continuous efforts are
required to ensure that the technical and human requirements of safety are
maintained at the optimal level. Although safety is a national responsibility,
international cooperation on all safety-related matters is important. The Conference
encourages the efforts of IAEA, as well as of other relevant forums, in the
promotion of safety in all its aspects, and encourages all States parties to take the
appropriate national, regional and international steps to enhance and foster a safety
culture. The Conference welcomes and underlines the intensification of national
measures and international cooperation in order to strengthen nuclear safety,
radiation protection, the safe transport of radioactive materials and radioactive
waste management, including activities conducted in this area by IAEA. In this
regard, the Conference recalls that special efforts should be made and sustained to
increase awareness in these fields, through participation of States parties,
particularly those from developing countries, in training, workshops, seminars and
capacity-building in a non-discriminatory manner.
60. The Conference acknowledges the primary responsibility of individual States
for maintaining the safety of their nuclear installations, and the crucial importance
of an adequate national technical, human and regulatory infrastructure in nuclear
.A.
safety, radiological protection and spent fuel and radioactive wasteU.S
management, as
v.
well as an independent and effective regulatory body. lands
7

all Is

, 201

61. The Conference encourages all States rthat have lnot2yet done so to become
a sh Ju y 6
e M6 the Convention on Early Notification of
h
party to the Convention on NucleartSafety, d on
c of c on e
7 the Convention hiv Assistance in the Case of a Nuclear
a Nuclear Accident,epubli
6, ar
Accident or d in R
1 Emergency and the Joint Convention on the Safety
e Radiological 563the Safety of Radioactive Waste Management. 8 of
cit
Spent Fuel Management and on
o. 15

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62. The Conference endorses the principles and objectives of the non-legally
binding Code of Conduct on the Safety and Security of Radioactive Sources and the
Code of Conduct on the Safety of Research Reactors, and underlines the important
role of the supplementary Guidance on the Import and Export of Radioactive
Sources.
63. The Conference encourages all States that have not yet done so to become
party to the Convention on the Physical Protection of Nuclear Material and to ratify
its amendment so that it may enter into force at an early date.
64. The Conference encourages all States that have not yet done so to become
party to the International Convention for the Suppression of Acts of Nuclear
Terrorism.
65. The Conference notes the Nuclear Security Summit held in Washington, D.C.,
in April 2010.
66. The Conference welcomes the efforts by State parties on a voluntary basis to
minimize the use of highly enriched uranium in the civilian sector.
__________________
6
7
8

10

Reproduced in IAEA document INFCIRC/449.
Ibid., INFCIRC/335.
United Nations, Treaty Series, vol. 2153, No. 37605.

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67. The Conference recognizes the importance of applying best practice and basic
principles, as developed by IAEA, in mining and processing, including those related
to environmental management of uranium mining.
68. The Conference underlines the fundamental importance of sustainable
programmes, through international efforts, such as IAEA, and regional and national
efforts, for education and training in nuclear, radiation, transport and waste safety
and nuclear security, while focusing on building institutional capacity and technical
and managerial capabilities in States parties.
69. The Conference encourages State parties to promote the sharing of best
practices in the area of nuclear safety and nuclear security, including through
dialogue with the nuclear industry and the private sector, as appropriate.
70. The Conference welcomes the attention to problems of safety and
contamination related to the discontinuation of nuclear operations formerly
associated with nuclear-weapons programmes, including, where appropriate, safe
resettlement of any displaced human populations and the restoration of economic
productivity to affected areas.
71. The Conference encourages all Governments and international organizations
that have expertise in the field of clean-up and disposal of radioactive contaminants
to consider giving appropriate assistance as may be requested for remedial purposes
in these affected areas, while noting the efforts that have been made to date in this
A.
regard.
U.S.
.

ds v
Islan , 2017
Safe transport of radioactive materials
hall
6
Mars n July 2
e historically, the safety record of civilian
72. The Conference recognizes th
of that, ed o
transport, including maritime transport, hiv
ublic , arc of radioactive materials has been excellent,
ep
6
and stresses thein R
6 international cooperation to maintain and enhance the
ed importance5of 3
it
cinternational 5-1
1
safety of
No. transport.
73. The Conference reaffirms maritime and air navigation rights and freedoms, as
provided for in international law and as reflected in relevant international
instruments.

74. The Conference endorses the IAEA standards for the safe transport of
radioactive material and affirms that it is in the interests of all States parties that the
transportation of radioactive materials continues to be conducted consistent with
international safety, security and environmental protection standards and guidelines.
The Conference takes note of the concerns of small island developing States and
other coastal States with regard to the transportation of radioactive materials by sea
and, in this regard, welcomes efforts to improve communication between shipping
and coastal States for the purpose of addressing concerns regarding transport safety,
security and emergency preparedness.
Armed attacks against nuclear installations devoted to peaceful purposes
75. The Conference considers that attacks or threats of attack on nuclear facilities
devoted to peaceful purposes jeopardize nuclear safety, have dangerous political,
economic and environmental implications and raise serious concerns regarding the
application of international law on the use of force in such cases, which could
warrant appropriate action in accordance with the provisions of the Charter of the

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United Nations. The Conference notes that a majority of States parties have
suggested a legally binding instrument be considered in this regard.
Nuclear liability
76. The Conference recalls the Paris Convention on Third Party Liability in the
Field of Nuclear Energy, 9 the Vienna Convention on Civil Liability for Nuclear
Damage, 10 the Brussels Convention Supplementary to the Paris Convention, the
Joint Protocol related to the Application of the Vienna Convention and the Paris
Convention 11 and the protocols amending these conventions, and the objectives
thereof, and notes the intention of the Convention on Supplementary Compensation
for Nuclear Damage 12 to establish a worldwide nuclear liability regime based on the
principles of nuclear liability law, without prejudice to other liability regimes.
77. The Conference recognizes the importance of having in place effective and
coherent nuclear liability mechanisms at the national and global levels to provide
compensation, if necessary, for damage inter alia to people, property and the
environment due to a nuclear accident or incident, taking fully into account legal
and technical considerations, and believing that the principle of strict liability
should apply in the event of a nuclear accident or incident, including during the
transport of radioactive material.

A.
U.S.
s v.
land of the
Isarticle V 2017 Treaty with
78. The Conference affirms that the provisions llof
rsha u y 2 ,
regard to the peaceful applications of any nuclear explosions6 to be interpreted in
J
e Ma oTreaty.l13 are
th
the light of the Comprehensive Nuclear-Test-Ban n
lic of rchived
pub
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ed eighth to twelfth preambular paragraphs
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Article V

79. The Conference notes the reaffirmation by the nuclear-weapon States of their
unequivocal undertaking to accomplish, in accordance with the principle of
irreversibility, the total elimination of their nuclear arsenals leading to nuclear
disarmament, to which all States parties are committed under article VI of the
Treaty.
80. The Conference, while welcoming achievements in bilateral and unilateral
reductions by some nuclear-weapon States, notes with concern that the total
estimated number of nuclear weapons deployed and stockpiled still amounts to
several thousands. The Conference expresses its deep concern at the continued risk
for humanity represented by the possibility that these weapons could be used and
the catastrophic humanitarian consequences that would result from the use of
nuclear weapons.
81. The Conference notes the new proposals and initiatives from Governments and
civil society related to achieving a world free of nuclear weapons. The Conference
__________________
9
10
11
12
13

12

Ibid., vol. 956, No. 13706.
Ibid., vol. 1063, No. 16197.
Ibid., vol. 1672, No. 28907.
Reproduced in IAEA document INFCIRC/567.
See United Nations General Assembly resolution 50/45.

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notes the proposals for nuclear disarmament of the Secretary-General of the United
Nations to inter alia consider negotiations on a nuclear weapons convention or
agreement on a framework of separate mutually reinforcing instruments, backed by
a strong system of verification.
82. The Conference affirms that the final phase of the nuclear disarmament
process and other related measures should be pursued within an agreed legal
framework, which a majority of States parties believe should include specified
timelines.
83. The Conference reaffirms the essential role of the Comprehensive NuclearTest-Ban Treaty within the nuclear disarmament and non-proliferation regime and
that by achieving the cessation of all nuclear weapon test explosions and all other
nuclear explosions, by constraining the development and qualitative improvement of
nuclear weapons and ending the development of advanced new types of nuclear
weapons, the Treaty combats both horizontal and vertical proliferation. The
Conference calls on all States to refrain from any action that would defeat the object
and purpose of the Comprehensive Nuclear-Test-Ban Treaty pending its entry into
force, in particular with regard to the development of new types of nuclear weapons.
84. The Conference welcomes that 181 States have signed the Comprehensive
Nuclear-Test-Ban Treaty and that 153 States, including 35 whose ratification is
necessary for its entry into force, have deposited instruments of ratification. In this
respect, the Conference welcomes the ratification by the Central African .
S.A Republic
v. U.
and by Trinidad and Tobago during the Conference and swelcomes the recent
nd
expressions by remaining States whose ratifications Isla
17
ll are necessary for the Treaty to
a
6, 20
enter into force of their intention to pursuersh complete2the ratification process,
and
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e Ma
including by Indonesia and the fUnited States on America. The Conference also
o th ived of
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a ch
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85. The
the high-level political support for the Treaty
expressed during the Conference on Facilitating the Entry into Force of the
Comprehensive Nuclear-Test-Ban Treaty, convened in New York in September
2009, in accordance with article XIV of the Comprehensive Nuclear-Test-Ban
Treaty, where specific and practical measures to promote the entry into force of that
Treaty were adopted. The Conference stresses the importance of the international
monitoring system and commends the progress made by the Preparatory
Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization towards
its completion.
86. The Conference notes the need for further progress in diminishing the role of
nuclear weapons in security policies.
87. The Conference, while welcoming the adoption by consensus of a programme
of work in the Conference on Disarmament in May 2009, expresses deep concern
that after more than a decade the Conference on Disarmament has been unable to
commence negotiations and substantive deliberations pursuant to an agreed
programme of work, and urges it to begin work without delay.

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88. The Conference takes note of the International Court of Justice advisory
opinion on the Legality of the Threat or Use of Nuclear Weapons, 14 issued at The
Hague on 8 July 1996.
89. The Conference welcomes the signing of the Treaty between the United States
and the Russian Federation on Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, as well as the unilateral reduction measures announced
and implemented by other nuclear-weapon States, including the closing and
dismantling of nuclear weapons related facilities. The Conference also welcomes the
reductions announced by some nuclear-weapon States in the role of nuclear weapons
in their security doctrines, as well as statements by some nuclear-weapon States
regarding measures related to strengthening negative security assurances, and notes
that China maintains a declaratory policy based on no first use of nuclear weapons.
90. The Conference recognizes that reductions in the operational status of nuclear
weapons and announced measures related to de-targeting contribute to the process
of nuclear disarmament through the enhancement of confidence-building measures
and a diminishing role for nuclear weapons in security policies.
91. The Conference welcomes the declared moratoriums by some nuclear-weapon
States on the production of fissile material for nuclear weapons.
92. The Conference notes the regular reports submitted by States parties within the
framework of the strengthened review process on the implementation of article VI
.A.
of the Treaty on the Non-Proliferation of Nuclear Weapons and . U.S
paragraph 4 (c) of
v
the 1995 decision entitled “Principles and objectives fornds
la nuclear0non-proliferation
17
Isof the International Court of
ll
and disarmament”, and recalling the advisorysopinion
r ha uly 26, 2
a
Justice of 8 July 1996.
he M
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93. The Conference publi the first chiv
notes
ar meeting between nuclear-weapon States on
in Re -1563 ,
confidence-building measures 6in the context of nuclear disarmament and
cited held in
non-proliferation,o. 15 September 2009.

N

94. The Conference notes the increased transparency of some nuclear-weapon
States with respect to the number of nuclear weapons in their national inventories
and encourages all nuclear-weapon States to provide additional transparency in this
regard.
95. The Conference welcomes efforts towards the development of nuclear
disarmament verification capabilities that will be required to provide assurance of
compliance with nuclear disarmament agreements for the achievement and
maintenance of a nuclear-weapon-free world. The Conference notes the cooperation
between Norway and the United Kingdom of Great Britain and Northern Ireland in
establishing a system for nuclear warhead dismantlement verification.
96. The Conference underscores the importance of disarmament and
non-proliferation education as a useful and effective means to advance the goals of
the Treaty in support of achieving a world without nuclear weapons.

__________________
14

14

Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996,
p. 226.

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Article VII and the security of non-nuclear-weapon States
97. The Conference reaffirms that, in accordance with the Charter of the United
Nations, States must refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any State or in any
other manner inconsistent with the purposes of the United Nations.
98. The Conference reaffirms the conviction that the establishment of the
internationally recognized nuclear-weapon-free zones on the basis of arrangements
freely arrived at among the States of the region concerned enhances global and
regional peace and security, strengthens the nuclear non-proliferation regime and
contributes towards realizing the objectives of nuclear disarmament.
99. The Conference welcomes the steps that have been taken since 2005 to
conclude nuclear-weapon-free zone treaties and recognizes the continuing
contributions that the Antarctic Treaty, 15 the Treaty for the Prohibition of Nuclear
Weapons in Latin America and the Caribbean (Treaty of Tlatelolco), 16 the South
Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga), 17 the Treaty on the SouthEast Asia Nuclear Weapon Free Zone (Bangkok Treaty), 18 the African NuclearWeapon-Free Zone Treaty (Pelindaba Treaty) 19 and the Treaty on a NuclearWeapon-Free Zone in Central Asia are making towards attaining the objective of
nuclear disarmament and nuclear non-proliferation.

A.
100. The Conference welcomes the declaration by Mongolia of its nuclear-weaponU.S.
free status and supports the measures taken by Mongolia v. consolidate and
ds to
strengthen this status.
Islan 2017
ll
rsha

26,

u
101. The Conference welcomes the e Mainto force ly the Pelindaba Treaty on
entry
on J of
of th ived actions by various nuclear-weapon15 July 2009. The Conference also welcomes
h
ublic
free zones to pursue ep objectives,rin particular the plan of action for the period
R their 636, a c
in by -15Southeast Asia Nuclear-Weapon-Free Zone Commission
2007-2012 ed
cit endorsed 15 the
.
to strengthen No implementation of the Bangkok Treaty and the ongoing
the
consultations between the Association of Southeast Asian Nations and nuclearweapon States on the Protocol to the Bangkok Treaty.
102. The Conference welcomes the entry into force of the Treaty on a NuclearWeapon-Free Zone in Central Asia on 21 March 2009. The Conference considers
that the establishment of a nuclear-weapon-free zone in Central Asia constitutes an
important step towards strengthening the nuclear non-proliferation regime and
promoting cooperation in the peaceful uses of nuclear energy and in the
environmental rehabilitation of the territories affected by radioactive contamination.
The Conference urges the States concerned to resolve any outstanding issues
regarding the functioning of the Zone in accordance with the guidelines adopted by
the United Nations Disarmament Commission in 1999. 20
__________________
15
16
17

18
19
20

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United Nations, Treaty Series, vol. 402, No. 5778.
Ibid., vol. 634, No. 9068.
See The United Nations Disarmament Yearbook, vol. 10: 1985 (United Nations publication,
Sales No. E.86.IX.7), appendix VII.
United Nations, Treaty Series, vol. 1981, No. 33873.
United Nations document A/50/426, annex.
Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 42 (A/54/42),
annex I.

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103. The Conference welcomes the ratification by some nuclear-weapon States of
protocols to nuclear-weapon-free zone treaties and the announcement of the United
States of its intention to start the process aimed at the ratification of the protocols to
the Pelindaba and Rarotonga treaties and the intention to conduct consultations with
the parties to the nuclear-weapon-free zones in Central and South-East Asia, in an
effort to sign and ratify relevant protocols. The Conference stresses the importance
of the signature and ratification by the nuclear-weapon States that have not yet done
so of the relevant protocols to the treaties that establish nuclear-weapon-free zones
in order to assure the total absence of nuclear weapons in the respective territories
as envisaged in article VII of the Treaty on the Non-Proliferation of Nuclear
Weapons.
104. The Conference underscores the importance of the establishment of nuclearweapon-free zones where they do not exist, especially in the Middle East.
105. The Conference calls on the nuclear-weapon States to bring into effect the
security assurances provided by nuclear-weapon-free zone treaties and their
protocols.
106. The Conference welcomes the results of the first Conference of States Parties
and Signatories to Treaties that Establish Nuclear-Weapon-Free Zones, held on
28 April 2005 in Mexico City, 21 and the second Conference of States Parties and
Signatories to Treaties that Establish Nuclear-Weapon-Free Zones and Mongolia,
held on 30 April 2010 in New York, as an important contribution .S.A.
to achieving a
v. vigorous efforts
nuclear-weapon-free world. The Conference also welcomes the U
nds
made by States parties and signatories to those treaties to promote 7
ll Isla 6, 201 their common
a
objectives. The Conference encouragesarsh
fostering ucooperation and enhanced
ly 2
e M nuclear-weapon-free zones through the
consultation mechanisms among theh
f t existing d on J
c o in order
ive
establishment of concrete bli
epu measures, rch to fully implement the principles and
R
6, a
3
objectives ofd inrelevant nuclear-weapon-free zone treaties and to contribute to the
the
-156
cite o the treaty regime. The Conference acknowledges the initiative to
implementation of . 15
N
hold a meeting of States parties and signatories of treaties establishing nuclearweapon-free zones and States having declared their nuclear-weapon-free status
within the framework of the forthcoming Review Conferences of the Treaty.
South Asia and other regional issues
107. The Conference urges India and Pakistan to accede to the Treaty on the
Non-Proliferation of Nuclear Weapons as non-nuclear-weapon States and to place
all their nuclear facilities under comprehensive IAEA safeguards promptly and
without conditions. The Conference further urges both States to strengthen their
non-proliferation export control measures over technologies, material and
equipment that can be used for the production of nuclear weapons and their delivery
systems.
108. The Conference deeply deplores the nuclear test explosions announced by the
Democratic People’s Republic of Korea and declares that the Democratic People’s
Republic of Korea cannot have the status of a nuclear-weapon State in accordance
with the Treaty in any case. The Conference reaffirms the firm support for the SixParty Talks, which is the effective mechanism for the verifiable denuclearization of
the Korean Peninsula in a peaceful manner. The Conference calls for the resumption
__________________
21

16

See United Nations document A/60/121, annex III.

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of the talks at an appropriate time in the future. The Conference recalls the
importance of the implementation of the relevant resolutions of the United Nations
Security Council, and urges the Democratic People’s Republic of Korea to fulfil its
commitments under the Six-Party Talks, in accordance with the September 2005
Joint Statement.

Article VIII
Further strengthening the review process of the Treaty on the Non-Proliferation
of Nuclear Weapons
109. The Conference reaffirms the purpose of the review process as set out in the
relevant decisions of the 2000 Review Conference and the 1995 Review and
Extension Conference. In the context of the 1995 Conference, mindful of the
undertaking in decision 1 that “Review Conferences should also address specifically
what might be done to strengthen the implementation of the Treaty and to achieve
its universality”, the Review Conference takes the decisions and recommendations
set out below.
110. The Conference recognizes the importance of ensuring optimal coordination
and continuity throughout the review cycle. In this context, the Conference
encourages past and incumbent Presidents and Chairs to be available for
.
consultations with the incoming President and Chair, if necessary,Aregarding
.S.
Uthese meetings
v
practical matters relating to their responsibilities. Participation .in
nds parties.
Islato States017
will be voluntary and without affecting the costs assessed
2
all

arsh

,
y 26

l
M
111. The Conference recommends hthat a dedicatedustaff officer to support the
f t e ve Office J
oadded to ithe d on for Disarmament Affairs of the
Treaty’s review cycle shouldic
ubl be , arch
United Nationsin Rep
Secretariat. The6dedicated officer will function in an independent
63
manner citebe responsible 5 the meetings of States parties to the Treaty. Pending a
and d
15-1 to
. States parties, the costs associated with the staff officer will be
No
further decision by
funded from voluntary contributions from States parties in a position to do so. Such
voluntary contributions will be provided without any conditions. The mandate and
functions of this officer will be reviewed in the next review cycle.
112. The Conference affirmed that improving the effectiveness of the strengthened
review process is an ongoing responsibility of States parties and therefore, in this
regard, deserves further consideration in the next review cycle.

Article IX
113. The Conference welcomes the accessions to the Treaty by Cuba in 2002 and
Timor-Leste in 2003, the continued adherence of Serbia to the Treaty in accordance
with the successor statement of 29 August 2001, as well as the succession of
Montenegro in 2006, bringing the total number of States that have become parties to
the Treaty to 190, and reaffirms the urgency and importance of achieving the
universality of the Treaty.
114. The Conference reaffirms that the Treaty is vital in promoting nuclear
disarmament, preventing the proliferation of nuclear weapons, facilitating the
peaceful uses of nuclear energy and providing significant security benefits. The
Conference remains convinced that universal adherence to the Treaty can achieve

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these goals, and it calls upon all States not parties to the Treaty, India, Israel and
Pakistan, to accede to it without further delay and without any conditions, and to
bring into force the required comprehensive safeguards agreements and additional
protocols consistent with the model additional protocol (INFCIRC/540 (Corrected)).
The Conference also calls on those three States, which operate unsafeguarded
nuclear facilities, to reverse clearly and urgently any policies to pursue any nuclearweapon development or deployment and to refrain from any action that could
undermine regional and international peace and security and the efforts of the
international community towards nuclear disarmament and the prevention of
proliferation of nuclear weapons.
115. The Conference reaffirms that the preservation of the integrity of the Treaty,
achieving its universality and its strict implementation are essential to regional and
international peace and security.
116. The Conference reaffirms the commitment of parties to the Treaty to achieve
its universality. States parties express their concern regarding the lack of progress in
the achievement of universality and in the implementation of the Resolution on the
Middle East adopted at the 1995 Review and Extension Conference, which a
majority of States parties believe seriously undermines the Treaty and represents a
threat to regional and international peace and security.
117. The Conference reaffirms that new supply arrangements for the transfer of
source or special fissionable material or equipment or material especially .
.S.A designed
or prepared for the processing, use or production of special v. U
fissionable material
nds
should require, as a necessary precondition, acceptance of 017 full-scope
ll Isla 6, 2 IAEA
a
2
r commitments not to acquire nuclear
safeguards and international legally binding sh
e Ma on July
weapons or other nuclear explosivetdevices. d
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118. The Conference reaffirms that each party shall in exercising its national
sovereignty have the right to withdraw from the Treaty if it decides that
extraordinary events related to the subject matter of the Treaty have jeopardized its
supreme interests. The Conference also reaffirms that pursuant to article X notice of
such withdrawal shall be given to all other parties to the Treaty and to the United
Nations Security Council three months in advance, and that such notice shall
include a statement of the extraordinary events the State party regards as having
jeopardized its supreme interests.
119. The Conference notes that numerous States recognize that the right of
withdrawal is established in the provisions of the Treaty. There were divergent
views regarding its interpretation with respect to other relevant international law.
The Conference notes that many States underscore that under international law a
withdrawing party is still responsible for violations of the Treaty committed prior to
its withdrawal, and that if done in accordance with the provisions of the Treaty, such
withdrawal would not affect any right, obligation or legal situation between the
withdrawing State and each of the other States parties created through the execution
of the Treaty prior to withdrawal, including those related to the required IAEA
safeguards.

18

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120. Without prejudice to the legal consequences of the withdrawal and to the status
of compliance by the withdrawing State, the Conference notes that numerous States
were of the view that States parties should undertake consultations immediately, as
well as regional diplomatic initiatives. Given the particular circumstances envisaged
in article X for the exercise of the right to withdraw, the Conference notes that
numerous States reaffirm the responsibility entrusted to the Security Council under
the Charter of the United Nations.
121. The Conference notes that numerous States acknowledge that nuclear
supplying States can consider incorporating dismantling and/or return clauses in the
event of withdrawal in arrangements or contracts concluded with other States parties
as appropriate in accordance with international law and national legislation.

Conclusions and recommendations for follow-on actions
I. Nuclear disarmament
In pursuit of the full, effective and urgent implementation of article VI of the
Treaty on the Non-Proliferation of Nuclear Weapons and paragraphs 3 and 4 (c) of
the 1995 decision entitled “Principles and objectives for nuclear non-proliferation
and disarmament”, and building upon the practical steps agreed to in the Final
A.
Document of the 2000 Review Conference of the Parties to the .Treaty on the
U S. following
Non-Proliferation of Nuclear Weapons, the Conference agrees. on the
ds v
action plan on nuclear disarmament which includes lconcrete 2017 for the total
Is an , steps
hall ly 26
elimination of nuclear weapons:
Mars
u

the
on J
lic of rchived
ub
a
A. Principles and Rep
in objectives 6,
1563
ed
cit
15No.
i.
The Conference resolves to seek a safer world for all and to achieve the peace

and security of a world without nuclear weapons, in accordance with the
objectives of the Treaty.
ii.

iii.

The Conference reaffirms the continued validity of the practical steps agreed
to in the Final Document of the 2000 Review Conference.

iv.

The Conference reaffirms that significant steps by all the nuclear-weapon
States leading to nuclear disarmament should promote international stability,
peace and security, and be based on the principle of increased and
undiminished security for all.

v.

The Conference expresses its deep concern at the catastrophic humanitarian
consequences of any use of nuclear weapons and reaffirms the need for all
States at all times to comply with applicable international law, including
international humanitarian law.

vi.

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The Conference reaffirms the unequivocal undertaking of the nuclear-weapon
States to accomplish the total elimination of their nuclear arsenals leading to
nuclear disarmament, to which all States parties are committed under
article VI.

The Conference affirms the vital importance of universality of the Treaty on
the Non-Proliferation of Nuclear Weapons and calls on all States not parties to

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the Treaty to accede as non-nuclear-weapon States to the Treaty promptly and
without any conditions and to commit to achieving the complete elimination of
all nuclear weapons, and calls upon States to promote universal adherence to
the Treaty and not to undertake any actions that can negatively affect prospects
for the universality of the Treaty.
The Conference resolves that:
• Action 1: All States parties commit to pursue policies that are fully compatible
with the Treaty and the objective of achieving a world without nuclear
weapons.
• Action 2: All States parties commit to apply the principles of irreversibility,
verifiability and transparency in relation to the implementation of their treaty
obligations.

B.

Disarmament of nuclear weapons
i.

ii.

iii.

The Conference reaffirms the urgent need for the nuclear-weapon States to
implement the steps leading to nuclear disarmament agreed to in the Final
Document of the 2000 Review Conference, in a way that promotes
international stability, peace and security, and based on the principle of
.
undiminished and increased security for all.
.S.A

s v.

U

d
The Conference affirms the need for the nuclear-weapon States7 reduce and
slan , 201 to
ll Iand encourages, in particular,
eliminate all types of their nuclear weapons
26
rsha
those States with the largest nuclear arsenals n Jul efforts in this regard.
e Ma o to leady
th

of
ived
ublic allanuclear-weapon States to undertake concrete
The Conference p
e calls on 6, rch
in R - and affirms that all States need to make special efforts to
disarmament efforts1563
cited the .necessary framework to achieve and maintain a world without
establish No 15
nuclear weapons. The Conference notes the five-point proposal for nuclear
disarmament of the Secretary-General of the United Nations, which proposes,
inter alia, consideration of negotiations on a nuclear weapons convention or
agreement on a framework of separate mutually reinforcing instruments,
backed by a strong system of verification.

iv.

The Conference recognizes the legitimate interests of non-nuclear-weapon
States in the constraining by the nuclear-weapon States of the development and
qualitative improvement of nuclear weapons and ending the development of
advanced new types of nuclear weapons.

The Conference resolves that:
• Action 3: In implementing the unequivocal undertaking by the nuclear-weapon
States to accomplish the total elimination of their nuclear arsenals, the nuclearweapon States commit to undertake further efforts to reduce and ultimately
eliminate all types of nuclear weapons, deployed and non-deployed, including
through unilateral, bilateral, regional and multilateral measures.
• Action 4: The Russian Federation and the United States of America commit to
seek the early entry into force and full implementation of the Treaty on
Measures for the Further Reduction and Limitation of Strategic Offensive

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Arms and are encouraged to continue discussions on follow-on measures in
order to achieve deeper reductions in their nuclear arsenals.
• Action 5: The nuclear-weapon States commit to accelerate concrete progress
on the steps leading to nuclear disarmament, contained in the Final Document
of the 2000 Review Conference, in a way that promotes international stability,
peace and undiminished and increased security. To that end, they are called
upon to promptly engage with a view to, inter alia:
(a) Rapidly moving towards an overall reduction in the global stockpile
of all types of nuclear weapons, as identified in action 3;
(b) Address the question of all nuclear weapons regardless of their type
or their location as an integral part of the general nuclear disarmament
process;
(c) To further diminish the role and significance of nuclear weapons in
all military and security concepts, doctrines and policies;
(d) Discuss policies that could prevent the use of nuclear weapons and
eventually lead to their elimination, lessen the danger of nuclear war and
contribute to the non-proliferation and disarmament of nuclear weapons;
(e) Consider the legitimate interest of non-nuclear-weapon States in
further reducing the operational status of nuclear weapons systems . in ways
.A
that promote international stability and security;
. U.S

v
nds
26,
rsha
(g) Further enhance transparency andn July mutual confidence.
e Ma o increase
th
c of chi ed
The nuclear-weapon bli
u States areacalledvupon to report the above undertakings to
r
p
n Re 15636,
the Preparatory Committee at 2014. The 2015 Review Conference will take
ed iconsider -the next steps for the full implementation of article VI.
cit
stock and o. 15
N
(f)

Reduce the risk of accidental use of nuclear weapons;7
ll Isla
201 and

• Action 6: All States agree that the Conference on Disarmament should
immediately establish a subsidiary body to deal with nuclear disarmament,
within the context of an agreed, comprehensive and balanced programme of
work.

C.

Security assurances
i.

ii.

10-39021

The Conference reaffirms and recognizes that the total elimination of nuclear
weapons is the only absolute guarantee against the use or threat of use of
nuclear weapons and the legitimate interest of non-nuclear-weapon States in
receiving unequivocal and legally binding security assurances from nuclearweapon States which could strengthen the nuclear non-proliferation regime.
The Conference recalls United Nations Security Council resolution 984 (1995)
noting the unilateral statements by each of the nuclear-weapon States, in which
they give conditional or unconditional security assurances against the use and
the threat of use of nuclear weapons to non-nuclear-weapon States parties to
the Treaty and the relevant protocols established pursuant to nuclear-weaponfree zones, recognizing that the treaty-based security assurances are available
to such zones.

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Without prejudice to efforts within the Treaty on the Non-Proliferation of Nuclear
Weapons, the Conference resolves that:
• Action 7: All States agree that the Conference on Disarmament should, within
the context of an agreed, comprehensive and balanced programme of work,
immediately begin discussion of effective international arrangements to assure
non-nuclear-weapon States against the use or threat of use of nuclear weapons,
to discuss substantively, without limitation, with a view to elaborating
recommendations dealing with all aspects of this issue, not excluding an
internationally legally binding instrument. The Review Conference invites the
Secretary-General of the United Nations to convene a high-level meeting in
September 2010 in support of the work of the Conference on Disarmament.
• Action 8: All nuclear-weapon States commit to fully respect their existing
commitments with regard to security assurances. Those nuclear-weapon States
that have not yet done so are encouraged to extend security assurances to
non-nuclear-weapon States parties to the Treaty.
• Action 9: The establishment of further nuclear-weapon-free zones, where
appropriate, on the basis of arrangements freely arrived at among States of the
region concerned, and in accordance with the 1999 Guidelines of the United
Nations Disarmament Commission, is encouraged. All concerned States are
encouraged to ratify the nuclear-weapon-free zone treaties and their. relevant
S.A
protocols, and to constructively consult and cooperate to bring about the entry
v. U.
into force of the relevant legally binding protocolslanallssuch nuclear-weaponof d
01
ll Is assurances. 7 concerned
free zones treaties, which include negative a
rshsecurityy 26, 2 The
a
l
States are encouraged to review any related reservations.
he M
n Ju

of t
do
ublic , archive
ep
D. NuclearittestingR -15636
ed in 15
c
No.
i.

The Conference recognizes that the cessation of all nuclear test explosions and
all other nuclear explosions, by constraining the development and qualitative
improvement of nuclear weapons and ending the development of advanced
new types of nuclear weapons, constitutes an effective measure of nuclear
disarmament and non-proliferation in all its aspects.

ii.

The Conference reaffirms the vital importance of the entry into force of the
Comprehensive Nuclear-Test-Ban Treaty as a core element of the international
nuclear disarmament and non-proliferation regime, as well as the
determination of the nuclear-weapon States to abide by their respective
moratoriums on nuclear test explosions pending the entry into force of the
Comprehensive Nuclear-Test-Ban Treaty.

The Conference resolves that:
• Action 10: All nuclear-weapon States undertake to ratify the Comprehensive
Nuclear-Test-Ban Treaty with all expediency, noting that positive decisions by
nuclear-weapon States would have the beneficial impact towards the
ratification of that Treaty, and that nuclear-weapon States have the special
responsibility to encourage Annex 2 countries, in particular those which have
not acceded to the Treaty on the Non-Proliferation of Nuclear Weapons and
continue to operate unsafeguarded nuclear facilities, to sign and ratify.

22

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• Action 11: Pending the entry into force of the Comprehensive Nuclear-TestBan Treaty, all States commit to refrain from nuclear-weapon test explosions
or any other nuclear explosions, the use of new nuclear weapons technologies
and from any action that would defeat the object and purpose of that Treaty,
and all existing moratoriums on nuclear-weapon test explosions should be
maintained.
• Action 12: All States that have ratified the Comprehensive Nuclear-Test-Ban
Treaty recognize the contribution of the conferences on facilitating the entry
into force of that Treaty and of the measures adopted by consensus at the Sixth
Conference on Facilitating the Entry into Force of the Comprehensive
Nuclear-Test-Ban Treaty, held in September 2009, and commit to report at the
2011 Conference on progress made towards the urgent entry into force of that
Treaty.
• Action 13: All States that have ratified the Comprehensive Nuclear-Test-Ban
Treaty undertake to promote the entry into force and implementation of that
Treaty at the national, regional and global levels.
• Action 14: The Preparatory Commission for the Comprehensive Nuclear-TestBan Treaty Organization is to be encouraged to fully develop the verification
regime for the Comprehensive Nuclear-Test-Ban Treaty, including early
completion and provisional operationalization of the international monitoring
A.
system in accordance with the mandate of the Preparatory Commission, which
U.S. reliable,
should, upon entry into force of that Treaty, serve as s v.effective,
nd an with
participatory and non-discriminatory verificationla
Is system 2017global reach,
all
,
and provide assurance of compliance withh Treaty.26
Mars that uly

the
on J
lic of rchived
ub
a
E. Fissile materials ep
in R -15636,
ed
cit
15
No.
i.
The Conference reaffirms the urgent necessity of negotiating and bringing to a

conclusion a non-discriminatory, multilateral and internationally and
effectively verifiable treaty banning the production of fissile material for
nuclear weapons or other nuclear explosive devices.
The Conference resolves that:
• Action 15: All States agree that the Conference on Disarmament should, within
the context of an agreed, comprehensive and balanced programme of work,
immediately begin negotiation of a treaty banning the production of fissile
material for use in nuclear weapons or other nuclear explosive devices in
accordance with the report of the Special Coordinator of 1995 (CD/1299) and
the mandate contained therein. Also in this respect, the Review Conference
invites the Secretary-General of the United Nations to convene a high-level
meeting in September 2010 in support of the work of the Conference on
Disarmament.
• Action 16: The nuclear-weapon States are encouraged to commit to declare, as
appropriate, to the International Atomic Energy Agency (IAEA) all fissile
material designated by each of them as no longer required for military
purposes and to place such material as soon as practicable under IAEA or other
relevant international verification and arrangements for the disposition of such

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material for peaceful purposes, to ensure that such material remains
permanently outside military programmes.
• Action 17: In the context of action 16, all States are encouraged to support the
development of appropriate legally binding verification arrangements, within
the context of IAEA, to ensure the irreversible removal of fissile material
designated by each nuclear-weapon State as no longer required for military
purposes.
• Action 18: All States that have not yet done so are encouraged to initiate a
process towards the dismantling or conversion for peaceful uses of facilities
for the production of fissile material for use in nuclear weapons or other
nuclear explosive devices.

F.

Other measures in support of nuclear disarmament
i.

The Conference recognizes that nuclear disarmament and achieving the peace
and security of a world without nuclear weapons will require openness and
cooperation, and affirms the importance of enhanced confidence through
increased transparency and effective verification.

The Conference resolves that:

.A.

• Action 19: All States agree on the importance of supporting cooperation
. U.S
ds v 7and regional
among Governments, the United Nations, other an
Isl international improving
01
organizations and civil society aimed shall
at increasing 6, 2
2 confidence,
r
a
July
transparency and developinghe M
efficient verification capabilities related to
of t
d on
nuclear disarmament. lic
hive
ub

p
arc
in Re parties36, submit regular reports, within the framework
6 should
• Action d States -15
ite 20: . 15
of c strengthened review process for the Treaty, on the implementation of the
the
No

present action plan, as well as of article VI, paragraph 4 (c), of the 1995
decision entitled “Principles and objectives for nuclear non-proliferation and
disarmament”, and the practical steps agreed to in the Final Document of the
2000 Review Conference, and recalling the advisory opinion of the
International Court of Justice of 8 July 1996.

• Action 21: As a confidence-building measure, all the nuclear-weapon States
are encouraged to agree as soon as possible on a standard reporting form and
to determine appropriate reporting intervals for the purpose of voluntarily
providing standard information without prejudice to national security. The
Secretary-General of the United Nations is invited to establish a publicly
accessible repository, which shall include the information provided by the
nuclear-weapon States.
• Action 22: All States are encouraged to implement the recommendations
contained in the report of the Secretary-General of the United Nations
(A/57/124) regarding the United Nations study on disarmament and
non-proliferation education, in order to advance the goals of the Treaty in
support of achieving a world without nuclear weapons.

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II. Nuclear non-proliferation
The Conference recalls and reaffirms the decision of the 1995 Review and
Extension Conference entitled “Principles and objectives for nuclear
non-proliferation and disarmament”, noting paragraph 1 of the principles and the
elements relevant to article III of the Treaty, in particular paragraphs 9 to 13 and
17 to 19, and to article VII, in particular paragraphs 5 to 7. It also recalls and
reaffirms the Resolution on the Middle East adopted at that Conference. The
Conference also recalls and reaffirms the outcome of the 2000 Review Conference.
• Action 23: The Conference calls upon all States parties to exert all efforts to
promote universal adherence to the Treaty, and not to undertake any actions
that can negatively affect prospects for the universality of the Treaty.
• Action 24: The Conference re-endorses the call by previous review
conferences for the application of IAEA comprehensive safeguards to all
source or special fissionable material in all peaceful nuclear activities in the
States parties in accordance with the provisions of article III of the Treaty.
• Action 25: The Conference, noting that 18 States parties to the Treaty have yet
to bring into force comprehensive safeguards agreements, urges them to do so
as soon as possible and without further delay.
• Action 26: The Conference underscores the importance in complying.with the
.A
non-proliferation obligations, addressing all compliance v. U.S in order to
matters
uphold the Treaty’s integrity and the authority of the nds
system.
la safeguards 7

all Is

, 201

r the
• Action 27: The Conference underscoressh importance of resolving all cases
ly 26
e Ma on Juin full conformity with the
th
of non-compliance with safeguards obligations
ic of r hived
IAEA statute and ublrespectiveclegal obligations of Member States. In this
the
,a
Rep
regard, d inConference636 upon Member States to extend their cooperation
e the 15-15 calls
it
to c Agency.
the
o.
N

• Action 28: The Conference encourages all States parties which have not yet
done so to conclude and to bring into force additional protocols as soon as
possible and to implement them provisionally pending their entry into force.
• Action 29: The Conference encourages IAEA to further facilitate and assist the
States parties in the conclusion and entry into force of comprehensive
safeguards agreements and additional protocols. The Conference calls on
States parties to consider specific measures that would promote the
universalization of the comprehensive safeguards agreements.
• Action 30: The Conference calls for the wider application of safeguards to
peaceful nuclear facilities in the nuclear-weapon States, under the relevant
voluntary offer safeguards agreements, in the most economic and practical way
possible, taking into account the availability of IAEA resources, and stresses
that comprehensive safeguards and additional protocols should be universally
applied once the complete elimination of nuclear weapons has been achieved.
• Action 31: The Conference encourages all States parties with small quantities
protocols which have not yet done so to amend or rescind them, as appropriate,
as soon as possible.

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• Action 32: The Conference recommends that IAEA safeguards should be
assessed and evaluated regularly. Decisions adopted by the IAEA policy bodies
aimed at further strengthening the effectiveness and improving the efficiency
of IAEA safeguards should be supported and implemented.
• Action 33: The Conference calls upon all States parties to ensure that IAEA
continues to have all political, technical and financial support so that it is able
to effectively meet its responsibility to apply safeguards as required by article
III of the Treaty.
• Action 34: The Conference encourages States parties, within the framework of
the IAEA statute, to further develop a robust, flexible, adaptive and costeffective international technology base for advanced safeguards through
cooperation among Member States and with IAEA.
• Action 35: The Conference urges all States parties to ensure that their nuclearrelated exports do not directly or indirectly assist the development of nuclear
weapons or other nuclear explosive devices and that such exports are in full
conformity with the objectives and purposes of the Treaty as stipulated,
particularly, in articles I, II and III of the Treaty, as well as the decision on
principles and objectives of nuclear non-proliferation and disarmament
adopted in 1995 by the Review and Extension Conference.
• Action 36: The Conference encourages States parties to make. use of
S.A
multilaterally negotiated and agreed guidelines and understandings in
v. U.
s
developing their own national export controls.
land
7

all Is

, 201

2 to
r h
• Action 37: The Conference encouragessStates parties 6 consider whether a
e MaIAEAn July obligations in making
recipient State has brought f th force d o safeguards
into
lic o rchive
nuclear export decisions.
a
epub
in R

636,

• Action d The15-15
cite 38: o. Conference calls upon all States parties, in acting in pursuance
N
of the objectives of the Treaty, to observe the legitimate right of all States
parties, in particular developing States, to full access to nuclear material,
equipment and technological information for peaceful purposes.

• Action 39: States parties are encouraged to facilitate transfers of nuclear
technology and materials and international cooperation among States parties,
in conformity with articles I, II, III and IV of the Treaty, and to eliminate in
this regard any undue constraints inconsistent with the Treaty.
• Action 40: The Conference encourages all States to maintain the highest
possible standards of security and physical protection of nuclear materials and
facilities.
• Action 41: The Conference encourages all States parties to apply, as
appropriate, the IAEA recommendations on the physical protection of nuclear
material and nuclear facilities (INFCIRC/225/Rev.4 (Corrected)) and other
relevant international instruments at the earliest possible date.
• Action 42: The Conference calls on all States parties to the Convention on the
Physical Protection of Nuclear Material to ratify the amendment to the
Convention as soon as possible and encourages them to act in accordance with
the objectives and the purpose of the amendment until such time as it enters

26

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into force. The Conference also encourages all States that have not yet done so
to adhere to the Convention and adopt the amendment as soon as possible.
• Action 43: The Conference urges all States parties to implement the principles
of the revised IAEA Code of Conduct on the Safety and Security of
Radioactive Sources, as well as the Guidance on the Import and Export of
Radioactive Sources approved by the IAEA Board of Governors in 2004.
• Action 44: The Conference calls upon all States parties to improve their
national capabilities to detect, deter and disrupt illicit trafficking in nuclear
materials throughout their territories, in accordance with their relevant
international legal obligations, and calls upon those States parties in a position
to do so to work to enhance international partnerships and capacity-building in
this regard. The Conference also calls upon States parties to establish and
enforce effective domestic controls to prevent the proliferation of nuclear
weapons in accordance with their relevant international legal obligations.
• Action 45: The Conference encourages all States parties that have not yet done
so to become party to the International Convention for the Suppression of Acts
of Nuclear Terrorism as soon as possible.
• Action 46: The Conference encourages IAEA to continue to assist the States
parties in strengthening their national regulatory controls of nuclear material,
including the establishment and maintenance of the State systems of
A.
accounting for and control of nuclear material, as well as systems on regional
U.S.
v. to broaden their
level. The Conference calls upon IAEA Membernds
Isla States 017
support for the relevant IAEA programmes. all
sh
26, 2

Mar
uly
f the ved on J
o
ic
III. Peaceful uses Republ 6, archi
of nuclear energy
ed in 1 -1563
citConference 5reaffirms that the Treaty fosters
The
No.

the development of the
peaceful uses of nuclear energy by providing a framework of confidence and
cooperation within which those uses can take place. The Conference calls upon
States parties to act in conformity with all the provisions of the Treaty and to:
• Action 47: Respect each country’s choices and decisions in the field of
peaceful uses of nuclear energy without jeopardizing its policies or
international cooperation agreements and arrangements for peaceful uses of
nuclear energy and its fuel cycle policies.
• Action 48: Undertake to facilitate, and reaffirm the right of States parties to
participate in, the fullest possible exchange of equipment, materials and
scientific and technological information for the peaceful uses of nuclear
energy.
• Action 49: Cooperate with other States parties or international organizations in
the further development of nuclear energy for peaceful purposes, with due
consideration for the needs of the developing areas of the world.
• Action 50: Give preferential treatment to the non-nuclear-weapon States
parties to the Treaty, taking the needs of developing countries, in particular,
into account.

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• Action 51: Facilitate transfers of nuclear technology and international
cooperation among States parties in conformity with articles I, II, III, and IV
of the Treaty, and eliminate in this regard any undue constraints inconsistent
with the Treaty.
• Action 52: Continue efforts, within IAEA, to enhance the effectiveness and
efficiency of its technical cooperation programme.
• Action 53: Strengthen the IAEA technical cooperation programme in assisting
developing States parties in the peaceful uses of nuclear energy.
• Action 54: Make every effort and to take practical steps to ensure that IAEA
resources for technical cooperation activities are sufficient, assured and
predictable.
• Action 55: Encourage all States in a position to do so to make additional
contributions to the initiative designed to raise 100 million dollars over the
next five years as extrabudgetary contributions to IAEA activities, while
welcoming the contributions already pledged by countries and groups of
countries in support of IAEA activities.
• Action 56: Encourage national, bilateral and international efforts to train the
necessary skilled workforce needed to develop peaceful uses of nuclear energy.
• Action 57: Ensure that, when developing nuclear energy, including nuclear
A.
power, the use of nuclear energy must be accompanied by commitments to and
U.S.
v. and effective
ongoing implementation of safeguards as well as nds
17
Isla appropriatelegislation and
levels of safety and security, consistent hall States’26, 20
rswith uly national
respective international obligations. a
he M
nJ

t
c of

ed o

iv
• Action 58: Continue blidiscuss further, in a non-discriminatory and transparent
epu to 36 rch
Rthe auspices , aIAEA or regional forums, the development of
mannerd in
under
-156 of
cite
multilateral o. 15
approaches to the nuclear fuel cycle, including the possibilities of
N
creating mechanisms for assurance of nuclear fuel supply, as well as possible
schemes dealing with the back-end of the fuel cycle without affecting rights
under the Treaty and without prejudice to national fuel cycle policies, while
tackling the technical, legal and economic complexities surrounding these
issues, including, in this regard, the requirement of IAEA full scope
safeguards.

• Action 59: Consider becoming party, if they have not yet done so, to the
Convention on Nuclear Safety, the Convention on Early Notification of a
Nuclear Accident, the Convention on Assistance in the Case of a Nuclear
Accident or Radiological Emergency, the Joint Convention on the Safety of
Spent Fuel Management and on the Safety of Radioactive Waste Management,
the International Convention for the Suppression of Acts of Nuclear Terrorism,
the Convention on the Physical Protection of Nuclear Material, and to ratify its
amendment so that it may enter into force at an early date.
• Action 60: Promote the sharing of best practices in the area of nuclear safety
and security, including through dialogue with the nuclear industry and the
private sector, as appropriate.

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• Action 61: Encourage States concerned, on a voluntary basis, to further
minimize highly enriched uranium in civilian stocks and use, where
technically and economically feasible.
• Action 62: Transport radioactive materials consistent with relevant
international standards of safety, security and environmental protection, and to
continue communication between shipping and coastal States for the purpose
of confidence-building and addressing concerns regarding transport safety,
security and emergency preparedness.
• Action 63: Put in force a civil nuclear liability regime by becoming party to
relevant international instruments or adopting suitable national legislation,
based upon the principles established by the main pertinent international
instruments.
• Action 64: The Conference calls upon all States to abide by the decision
adopted by consensus at the IAEA General Conference on 18 September 2009
on prohibition of armed attack or threat of attack against nuclear installations,
during operation or under construction.

IV. The Middle East, particularly implementation of the 1995
Resolution on the Middle East
.A.
U.SMiddle East
.
1.
The Conference reaffirms the importance of the Resolution on the
ds v
adopted by the 1995 Review and Extension Conferenceaand recalls the affirmation
Isl n , 2017
hall
6
of its goals and objectives by the 2000 Review Conference of the Parties to the
Mars n July 2
e
h
Treaty on the Non-Proliferation oftNuclear Weapons. The Conference stresses that
c of the ved o
the resolution remains ubli until rchigoals and objectives are achieved. The
valid
ep
6, a
resolution, which R co-sponsored by the depositary States of the Treaty on the
was
ed in of 15-1563
cit
Non-Proliferation . Nuclear Weapons (the Russian Federation, the United Kingdom
No
of Great Britain and Northern Ireland and the United States of America), is an
essential element of the outcome of the 1995 Conference and of the basis on which
the Treaty was indefinitely extended without a vote in 1995. States parties renew
their resolve to undertake, individually and collectively, all necessary measures
aimed at its prompt implementation.
2.
The Conference reaffirms its endorsement of the aims and objectives of the
Middle East peace process, and recognizes that efforts in this regard, as well as
other efforts, contribute to, inter alia, a Middle East zone free of nuclear weapons as
well as other weapons of mass destruction.
3.
The Conference takes note of the reaffirmation at the 2010 Review Conference
by the five nuclear-weapon States of their commitment to a full implementation of
the 1995 Resolution on the Middle East.
4.
The Conference regrets that little progress has been achieved towards the
implementation of the 1995 Resolution on the Middle East.
5.
The Conference recalls the reaffirmation by the 2000 Review Conference of
the importance of Israel’s accession to the Treaty and the placement of all its nuclear
facilities under comprehensive IAEA safeguards. The Conference reaffirms the
urgency and importance of achieving universality of the Treaty. The Conference
calls on all States in the Middle East that have not yet done so to accede to the

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Treaty as non-nuclear-weapon States so as to achieve its universality at an early
date.
6.
The Conference stresses the necessity of strict adherence by all States parties
to their obligations and commitments under the Treaty. The Conference urges all
States in the region to take relevant steps and confidence-building measures to
contribute to the realization of the objectives of the 1995 Resolution on the Middle
East and calls upon all States to refrain from undertaking any measures that
preclude the achievement of this objective.
7.
The Conference emphasizes the importance of a process leading to full
implementation of the 1995 Resolution on the Middle East. To that end, the
Conference endorses the following practical steps:
(a) The Secretary-General of the United Nations and the co-sponsors of the
1995 Resolution, in consultation with the States of the region, will convene a
conference in 2012, to be attended by all States of the Middle East, on the
establishment of a Middle East zone free of nuclear weapons and all other weapons
of mass destruction, on the basis of arrangements freely arrived at by the States of
the region, and with the full support and engagement of the nuclear-weapon States.
The 2012 Conference shall take as its terms of reference the 1995 Resolution;
(b) Appointment by the Secretary-General of the United Nations and the
co-sponsors of the 1995 Resolution, in consultation with the States of the region, of
A.
a facilitator, with a mandate to support implementation of the 1995 .Resolution by
U S.
s v.
conducting consultations with the States of the region inandregard and undertaking
Isl that , 2017 will also
preparations for the convening of the 2012 shall
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15
(c)ci Designation by the Secretary-General of the United Nations and the
No.1995 Resolution, in consultation with the States of the region, of
co-sponsors of the
a host Government for the 2012 Conference;

(d) Additional steps aimed at supporting the implementation of the 1995
Resolution, including that IAEA, the Organisation for the Prohibition of Chemical
Weapons and other relevant international organizations be requested to prepare
background documentation for the 2012 Conference regarding modalities for a zone
free of nuclear weapons and other weapons of mass destruction and their delivery
systems, taking into account work previously undertaken and experience gained;
(e) Consideration of all offers aimed at supporting the implementation of the
1995 Resolution, including the offer of the European Union to host a follow-on
seminar to that organized in June 2008.
8.
The Conference emphasizes the requirement of maintaining parallel progress,
in substance and timing, in the process leading to achieving total and complete
elimination of all weapons of mass destruction in the region, nuclear, chemical and
biological.
9.
The Conference reaffirms that all States parties to the Treaty, particularly the
nuclear-weapon States and the States in the region, should continue to report on
steps taken to implement the 1995 Resolution, through the United Nations
Secretariat, to the President of the 2015 Review Conference, as well as to the

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Chairperson of the Preparatory Committee meetings to be held in advance of that
Conference.
10. The Conference further recognizes the important role played by civil society in
contributing to the implementation of the 1995 Resolution and encourages all efforts
in this regard.
Other regional issue
1.
The Conference strongly urges the Democratic People’s Republic of Korea to
fulfil the commitments under the Six-Party Talks, including the complete and
verifiable abandonment of all nuclear weapons and existing nuclear programmes in
accordance with the September 2005 joint statement, and urges the Democratic
People’s Republic of Korea to return, at an early date, to the Treaty and to its
adherence with its IAEA safeguards agreement. The Conference also calls on the
Democratic People’s Republic of Korea and all States parties to fully implement all
relevant nuclear non-proliferation and disarmament obligations. The Conference
reaffirms its firm support for the Six-Party Talks and remains determined to achieve
the satisfactory and comprehensive resolution to the issues involved through
diplomatic means.

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Part II
Organization and work of the Conference

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Part II
Organization and work of the Conference
Introduction
1.
At its sixty-first session, the General Assembly, in its resolution 61/70 of
6 December 2006, took note of the decision of the parties to the Treaty on the
Non-Proliferation of Nuclear Weapons, following appropriate consultations, to hold
the first session of the Preparatory Committee for the 2010 Review Conference in
Vienna from 30 April to 11 May 2007.
2.
Accordingly, the Committee held its first session in Vienna from 30 April to
11 May 2007. Following the decisions taken at that session, the Committee held its
second session in Geneva from 28 April to 9 May 2008 and its third session in New
York from 4 to 15 May 2009. Reports covering the first two sessions of the
Committee were issued, respectively, as documents NPT/CONF.2010/PC.I/22 and
NPT/CONF.2010/PC.II/13.
3.
The final report of the Preparatory Committee, adopted on 15 May 2009
(NPT/CONF.2010/1), was issued as a document of the Conference prior to its
opening. The report included, inter alia, the draft rules of procedure, the provisional
.
agenda of the Conference and the proposed allocation of items.S.A
U to the Main
v.
Committees of the Conference.
ands

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4.
Pursuant to the request of the Preparatory Committee, the United Nations
arsh July 26,
e MEnergy nAgency (IAEA), the General
Secretariat, the International oAtomic
f th
do
Secretariat of the Agency blic Prohibition of Nuclear Weapons in Latin America
u for the , archive
p
and the Caribbean, the Pacific6Islands Forum secretariat, the secretariat of the
n Re 5
ed iViet 15-1on63 of the States parties to the Treaty on the SouthAfrican cit
Union, o. Nam
behalf
N
East Asia Nuclear-Weapon-Free Zone, Kyrgyzstan in its capacity as the depositary
of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia and Mongolia
prepared the following papers, which were submitted to the Conference as
background documents:
(a)

United Nations Secretariat:

Implementation of the resolution on the Middle East adopted by the 1995 Review
and Extension Conference of the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT/CONF.2010/14);
(b)

International Atomic Energy Agency:

Activities of the International Atomic Energy Agency relevant to article III of the
Treaty on the Non-Proliferation of Nuclear Weapons (NPT/CONF.2010/25);
Activities of the International Atomic Energy Agency relevant to article IV of the
Treaty on the Non-Proliferation of Nuclear Weapons (NPT/CONF.2010/16);
(c) Agency for the Prohibition of Nuclear Weapons in Latin America and the
Caribbean:
Memorandum from the General Secretariat of the Agency for the Prohibition of
Nuclear Weapons in Latin America and the Caribbean prepared for the 2010 Review

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Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons
(NPT/CONF.2010/4);
(d)

Pacific Islands Forum secretariat:

Memorandum on activities relating to the South Pacific Nuclear Free Zone Treaty
(Treaty of Rarotonga) (NPT/CONF.2010/7);
(e)

Secretariat of the African Union:

Memorandum on the African Nuclear-Weapon-Free Zone Treaty (Treaty of
Pelindaba) (NPT/CONF.2010/5);
(f) Viet Nam on behalf of the States parties to the Treaty on the South-East
Asia Nuclear-Weapon-Free Zone:
Memorandum on activities relating to the Treaty on the South-East Asia NuclearWeapon-Free Zone (NPT/CONF.2010/18);
(g) Kyrgyzstan, in its capacity as the depositary of the Treaty on a NuclearWeapon-Free Zone in Central Asia:
Memorandum on activities of the Kyrgyz Republic in its capacity as the depositary
of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia
(NPT/CONF.2010/15);

A.
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Memorandum of the Government of Mongolia regarding ds consolidation of its
Islan the, 2017
international security and nuclear-weapon-free shall(NPT/CONF.2010/12).
26
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5.
The Conference was 5636 on 3 May 2010 at United Nations Headquarters
opened
ted i
5 the
ciChairman. 1of -1 second session of the Preparatory Committee,
by the
No
Mr. Volodymyr Yelchenko (Ukraine), on behalf of the Chairman of the third session
(h)

Mongolia:

of the Preparatory Committee, Mr. Boniface Chidyausiku (Zimbabwe). At its
1st plenary meeting, on 3 May 2010, the Conference elected by acclamation
Mr. Libran Cabactulan (Philippines) as its President. The Conference unanimously
confirmed the nomination of Mr. Thomas Markram, Office for Disarmament Affairs
of the United Nations Secretariat, as Secretary-General of the Conference.
6.
Also at the 1st plenary meeting, Mr. Ban Ki-moon, Secretary-General of the
United Nations, and Mr. Yukiya Amano, Director General of the International
Atomic Energy Agency, addressed the Conference.
7.
At the same meeting, the Conference adopted its agenda as recommended by
the Preparatory Committee (NPT/CONF.2010/1, annex IV), as set out below.
8.
It also adopted the allocation of items to the three Main Committees of the
Conference as proposed by the Preparatory Committee (NPT/CONF.2010/1, annex
V). At its 10th plenary meeting, on 12 May, the Conference decided that
institutional issues would be dealt with in the subsidiary body established under
Main Committee III, notwithstanding its previous decision on the allocation of items
to Main Committees.

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Agenda
1.

Opening of the Conference by the Chairman of the third session of the
Preparatory Committee.

2.

Election of the President of the Conference.

3.

Statement by the President of the Conference.

4.

Address by the Secretary-General of the United Nations.

5.

Address by the Director General of the International Atomic Energy
Agency.

6.

Submission of the final report of the Preparatory Committee.

7.

Adoption of the rules of procedure.

8.

Election of Chairmen and Vice-Chairmen of the Main Committees, the
Drafting Committee and the Credentials Committee.

9.

Election of Vice-Presidents.

10.

Credentials of representatives to the Conference:
(a)

Appointment of the Credentials Committee;

A.
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.
11. Confirmation of the nomination of the Secretary-General.
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12. Adoption of the agenda.
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13. Programme of work. of th
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14. Adoption ep
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636
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15. General 1
N
(b)

16.

Report of the Credentials Committee.

Review of the operation of the Treaty, as provided for in its article
VIII (3), taking into account the decisions and the resolution adopted by
the 1995 Review and Extension Conference and the Final Document of
the 2000 Review Conference:
(a)

Implementation of the provisions of the Treaty relating to
non-proliferation of nuclear weapons, disarmament and
international peace and security:
(i)

Articles I and II and preambular paragraphs 1 to 3;

(ii)

Article VI and preambular paragraphs 8 to 12;

(iii) Article VII with specific reference to the main issues in (a)
and (b);
(b)

Security assurances:
(i)
(ii)

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United Nations Security Council resolutions 255 (1968) and
984 (1995);
Effective international arrangements to assure non-nuclearweapon States against the use or threat of use of nuclear
weapons;

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(c)

Implementation of the provisions of the Treaty relating to
non-proliferation of nuclear weapons, safeguards and nuclearweapon-free zones:
(i)

Article III and preambular paragraphs 4 and 5, especially in
their relationship to article IV and preambular paragraphs 6
and 7;

(ii)

Articles I and II and preambular paragraphs 1 to 3 in their
relationship to articles III and IV;

(iii) Article VII;
(d)

Implementation of the provisions of the Treaty relating to the
inalienable right of all parties to the Treaty to develop research,
production and use of nuclear energy for peaceful purposes without
discrimination and in conformity with articles I and II:
(i)

(ii)
(e)
17.

Articles III (3) and IV, preambular paragraphs 6 and 7,
especially in their relationship to article III (1), (2) and (4)
and preambular paragraphs 4 and 5;
Article V;

Other provisions of the Treaty.

.A.

Role of the Treaty in the promotion of non-proliferation U.nuclear
. of S
ds vinternational peace
weapons and of nuclear disarmament in strengthening
17
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and security and measures aimed atshall
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15
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20. Any other
18.

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Reports of the Main Committees.
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9.
Also at its opening meeting, the Conference adopted its rules of procedure as
recommended by the Preparatory Committee (NPT/CONF.2010/1, annex III).
10. The rules of procedure provided for the establishment of a General Committee,
three Main Committees, a Drafting Committee and a Credentials Committee.
11. The Conference unanimously elected the Chairmen and Vice-Chairmen of the
three Main Committees, the Drafting Committee and the Credentials Committee, as
follows:
Main Committee I
Chairman:
Mr. Boniface Chidyausiku (Zimbabwe)
Vice-Chairmen:
Ms. Nineta Barbulescu (Romania)
Ms. Dell Higgie (New Zealand)

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Main Committee II
Chairman:
Mr. Volodymyr Yelchenko (Ukraine)
Vice-Chairmen:
Mr. Maged Abdelaziz (Egypt)
Mr. Marius Grinius (Canada)
Main Committee III
Chairman:
Mr. Takeshi Nakane (Japan)
Vice-Chairmen:
Mr. Attila Zimonyi (Hungary)
Mr. Alfredo Labbe (Chile)
Drafting Committee
Chairman:
Mr. Andrzej Towpik (Poland)
Vice-Chairmen:
Mr. Ali Soltanieh (Islamic Republic of Iran)
Mr. Christer Ahlström (Sweden)

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.
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Credentials Committee
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Chairman:
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Mr. Abulkalam bli
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Vice-Chairmen:
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.
Mr. No Ismayil-Zada (Azerbaijan)
Ogtay
Mr. Steffen Kongstad (Norway)
12. In accordance with rule 34 of the rules of procedure, the Conference decided
to establish, for the duration of the 2010 Review Conference, subsidiary body 1,
under Main Committee I, subsidiary body 2, under Main Committee II, and
subsidiary body 3, under Main Committee III. It decided that the subsidiary bodies
would be open-ended and hold at least four meetings within the overall time
allocated to the Main Committees, to be held in private, and that the outcome of
their work would be reflected in the report of their respective Main Committees to
the Conference.
13. The Conference decided that subsidiary body 1 would be chaired by
Ambassador Alexander Marschik (Austria) and would focus on nuclear disarmament
and security assurances.
14. The Conference decided that subsidiary body 2 would be chaired by
Ms. Alison Kelly (Ireland) and would examine regional issues, including with
respect to the Middle East and implementation of the 1995 Middle East resolution.
15. The Conference decided that subsidiary body 3 would be chaired by
Ambassador José Luis Cancela (Uruguay) and would address agenda item 16 (e),
“Other provisions of the Treaty”. Institutional issues were also dealt with in

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subsidiary body 3 in accordance with the decision adopted at the 10th plenary
meeting, on 12 May 2010.
16. The Conference unanimously elected 34 Vice-Presidents from the following
States parties: Albania, Algeria, Australia, Austria, Belarus, Belgium, Brazil,
Bulgaria, China, Colombia, Cuba, Czech Republic, Egypt, France, Germany,
Indonesia, Italy, Jamaica, Libyan Arab Jamahiriya, Mexico, Morocco, Nepal,
Netherlands, Nigeria, Papua New Guinea, Republic of Korea, Slovakia, Slovenia,
Spain, Sri Lanka, Switzerland, the former Yugoslav Republic of Macedonia,
Uruguay and Venezuela (Bolivarian Republic of ).
17. The Conference appointed representatives from the following States parties as
members of the Credentials Committee: Czech Republic, Mauritius, Republic of
Moldova, Turkey, Uganda and United Kingdom of Great Britain and Northern
Ireland.
18. The Credentials Committee held three meetings and, on 26 May 2010, adopted
its report to the Conference on the credentials of representatives to the Conference
(NPT/CONF.2010/CC/1). At its 16th plenary meeting, on 28 May, the Conference
took note of the report.
Participation in the Conference
19. A total of 172 States parties to the Treaty on the Non-Proliferation of. Nuclear
S.A
Weapons participated in the Conference, as follows: Afghanistan, Albania, Algeria,
v. U.
Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria,
nds
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Azerbaijan, Bahamas, Bahrain, Bangladesh, sha
Barbados,
6, 2 Belgium, Belize,
Mar Bosnia and2
uly Herzegovina, Botswana,
Benin, Bhutan, Bolivia (Plurinational e
th State of), on J
Brazil, Brunei Darussalam, lBulgaria, Burkinad
ic of rchive Faso, Cambodia, Cameroon, Canada,
ub Republic, Chile, China,
Cape Verde, Central ep
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15 3
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Costa Rica, Côte d’Ivoire,
Czech Republic, Denmark,
cit
15No.
Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea,
Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gambia, Georgia, Germany, Ghana,
Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland,
Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Italy, Jamaica, Japan, Jordan,
Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic,
Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein,
Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta,
Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia (Federated States of),
Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia,
Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway,
Oman, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal,
Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation,
Rwanda, Saint Vincent and the Grenadines, Samoa, San Marino, Saudi Arabia,
Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands,
South Africa, Spain, Sri Lanka, Sudan, Swaziland, Sweden, Switzerland, Syrian
Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia,
Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan,
Uganda, Ukraine, United Arab Emirates, United Kingdom of Great Britain and
Northern Ireland, United Republic of Tanzania, United States of America, Uruguay,
Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia and
Zimbabwe.

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20. In accordance with rule 44 of the rules of procedure of the Conference,
Palestine participated in the Conference as an observer.
21. The United Nations and IAEA participated in the Conference in accordance
with paragraph 2 of rule 44.
22. In accordance with paragraph 3 of rule 44, the following observer agencies
participated in the Conference: the African Union, the Agency for the Prohibition of
Nuclear Weapons in Latin America and the Caribbean, the Brazilian-Argentine
Agency for Accounting and Control of Nuclear Materials, the European Union, the
International Committee of the Red Cross, the Inter-Parliamentary Union, the
International Science and Technology Centre, the League of Arab States, the North
Atlantic Treaty Organization (NATO), the NATO Parliamentary Assembly, the
Pacific Islands Forum, the Preparatory Commission for the Comprehensive NuclearTest-Ban Treaty Organization and the Organisation for the Prohibition of Chemical
Weapons.
23. One hundred and twenty-one non-governmental organizations participated in
the Conference, in accordance with paragraph 4 of rule 44.
24. A list of all delegations to the Conference, including States parties, observers,
the United Nations and IAEA, observer agencies and research institutes and
non-governmental organizations, is contained in part IV of the Final Document
(NPT/CONF.2010/50 (Vol. III)).
.

S.A
v. U.
Financial arrangements
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25. At its 16th plenary meeting, on 28Marsh Conference decided to adopt the
May, the
July
e
th
cost-sharing formula proposed byfthe Preparatory n
o Committee in the appendix to rule
lco
ived
12 of the rules of procedurei (NPT/CONF.2010/1, annex III). The final schedule of
epub 36, arch
in R
costs as contained in document NPT/CONF.2010/47 was based on the actual
6
cited States 5-15 in the Conference.
participation of o. 1 parties
N
Work of the Conference
26. The Conference held 16 plenary meetings between 3 and 28 May 2010, when
it concluded its work.
27. The general debate in plenary, in which 110 States parties took part, was held
from 3 to 6 May (see NPT/CONF.2010/INF/5). In accordance with the decision of
the Conference, four observer agencies also addressed the Conference.
28. The Main Committees and their respective subsidiary bodies held meetings
between 7 and 24 May 2010. Their reports were issued as documents
NPT/CONF.2010/MC.I/1, MC.II/1 and MC.III/1.
Documentation
29. A list of the documents of the Conference and the texts thereof are contained
in part III of the Final Document (NPT/CONF.2010/50 (Vol. II)).

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Conclusions and recommendations of the Conference
30. At its 16th and final plenary meeting, on 28 May 2010, the Conference
considered the draft Final Document.
The Conference decided to take note of the “Review of the operation of the
Treaty, as provided for in its article VIII (3), taking into account the decisions and
the resolution adopted by the 1995 Review and Extension Conference and the Final
Document of the 2000 Review Conference” (see part I above), which is recorded in
the footnote as the President’s responsibility and reflects to the best of his
knowledge what transpired with regard to matters of review.
The Conference decided to adopt the “Conclusions and recommendations for
follow-on actions”.

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