UM del - 2004-05 (2. samling) - Bilag 53: IAEA rapport af den 24. september 2005: "Implementation of the NPT Safeguards Agreement in the Islamic Republic of Iran".

The Board of Governors,(a) Recalling the resolutions adopted by the Board on 11 August 2005 (GOV/2005/64),29 November 2004 (GOV/2004/90), 18 September 2004 (GOV/2004/79), 18 June 2004(GOV/2004/49, 13 March 2004 (GOV/2004/21), 26 November 2003 (GOV/2003/81) and on12 September 2003 (GOV/2003/69), the statement of the Board of 19 June 2003(GOV/OR.1072) and the Chairman of the Board’s conclusions of March 2005 (GOV/OR.1122)and of June 2005 (GOV/OR.1130),(b) Recalling that Article IV of the Treaty on the Non Proliferation of Nuclear Weaponsstipulates that nothing in the Treaty shall be interpreted as affecting the inalienable rights of allthe Parties to the Treaty to develop research, production and use of nuclear energy for peacefulpurposes without discrimination and in conformity with Articles I and II of the Treaty,(c) Commending the Director General and the Secretariat for their professional and impartialefforts to implement the Safeguards Agreement in Iran, to resolve outstanding safeguards issuesin Iran and to verify the implementation by Iran of the suspension,(d) Recalling Iran’s failures in a number of instances over an extended period of time to meetits obligations under its NPT Safeguards Agreement (INFCIRC 214) with respect to thereporting of nuclear material, its processing and its use, as well as the declaration of facilitieswhere such material had been processed and stored, as reported by the Director General in hisreport GOV/2003/75 dated 10 November 2003 and confirmed in GOV/2005/67, dated2 September 2005,(e) Recalling also that, as deplored by the Board in its resolution GOV/2003/81, Iran’s policyof concealment has resulted in many breaches of its obligation to comply with its SafeguardsAgreement,

(f) Recalling that the Director General in his report to the Board on 2 September 2005 notedthat good progress has been made in Iran’s correction of the breaches and in the Agency’sability to confirm certain aspects of Iran’s current declarations,(g) Noting that, as reported by the Director General, the Agency is not yet in a position toclarify some important outstanding issues after two and a half years of intensive inspections andinvestigation and that Iran’s full transparency is indispensable and overdue,(h) Uncertain of Iran’s motives in failing to make important declarations over an extendedperiod of time and in pursuing a policy of concealment up to October 2003,(i) Concerned by continuing gaps in the Agency’s understanding of proliferation sensitiveaspects of Iran’s nuclear programme,(j) Recalling the emphasis placed in past resolutions on the importance of confidence buildingmeasures and that past resolutions have reaffirmed that the full and sustained implementation ofthe suspension notified to the Director General on 14 November 2004, as a voluntary, nonlegally binding confidence building measure, to be verified by the Agency, is essential toaddressing outstanding issues,(k) Deploring the fact that Iran has to date failed to heed the call by the Board in its resolutionof 11 August 2005 to re-establish full suspension of all enrichment related activities includingthe production of feed material, including through tests or production at the UraniumConversion Facility,(l) Also concerned that Iran has to date failed to heed repeated calls to ratify the AdditionalProtocol and to reconsider its decision to construct a research reactor moderated by heavy water,as these measures would have helped build confidence in the exclusively peaceful nature ofIran’s nuclear programme,(m) Noting that the Director General reported that the Agency “continues to follow up oninformation pertaining to Iran’s nuclear programme and activities that could be relevant to thatprogramme” and that “the Agency’s legal authority to pursue the verification of possible nuclearweapons related activity is limited” (GOV/2005/67),(n) Endorsing the Director General’s description of this as a special verification case, and(o) Noting that the Agency is still not in a position to conclude that there are no undeclarednuclear materials or activities in Iran,1. Finds that Iran’s many failures and breaches of its obligations to comply with its NPT SafeguardsAgreement, as detailed in GOV/2003/75, constitute non compliance in the context of Article XII.C ofthe Agency’s Statute;2. Finds also that the history of concealment of Iran’s nuclear activities referred to in the DirectorGeneral’s report, the nature of these activities, issues brought to light in the course of the Agency’sverification of declarations made by Iran since September 2002 and the resulting absence ofconfidence that Iran’s nuclear programme is exclusively for peaceful purposes have given rise toquestions that are within the competence of the Security Council, as the organ bearing the mainresponsibility for the maintenance of international peace and security;

3. Requests the Director General to continue his efforts to implement this and previous Resolutionsand to report again, including any further developments on the issues raised in his report of2 September 2005 (GOV/2005/67) to the Board. The Board will address the timing and content of thereport required under Article XII.C and the notification required under Article III.B.4;4. In order to help the Director General to resolve outstanding questions and provide the necessaryassurances, urges Iran:(i)To implement transparency measures, as requested by the Director General in his report,which extend beyond the formal requirements of the Safeguards Agreement and AdditionalProtocol, and include access to individuals, documentation relating to procurement, dual useequipment, certain military owned workshops and research and development locations;(ii) To re-establish full and sustained suspension of all enrichment-related activity, as inGOV/2005/64, and reprocessing activity;(iii)(iv)To reconsider the construction of a research reactor moderated by heavy water;Promptly to ratify and implement in full the Additional Protocol;

(v) Pending completion of the ratification of the Additional Protocol to continue to act inaccordance with the provisions of the Additional Protocol, which Iran signed on 18 December2003;5. Calls on Iran to observe fully its commitments and to return to the negotiating process that hasmade good progress in the last two years;6. Requests the Director General to continue his efforts to implement the Agency’s SafeguardsAgreement with Iran, to implement provisionally the Additional Protocol to that Agreement, and topursue additional transparency measures required for the Agency to be able to reconstruct the historyand nature of all aspects of Iran’s past nuclear activities, and to compensate for the confidence deficitcreated; and7. Decides to remain seized of the matter.