Publication date: April 2004

Summary
The Global Partnership Against the Spread of Weapons and Materials of Mass Destruction was launched at the G8's Kananaskis Summit in Canada in 2002. A key part of the program was the disposition of surplus Russian weapons plutonium via MOX fuel.

This briefing argues that this program should now be halted given the proliferation threat it presents, as well as the immediate commencement of comprehensive negotiations on a Fissile Material Cutoff Treaty and calls for the G8 Global Partnership to ensure that nuclear non-proliferation and disarmament standards are applied universally and without discrimination.

Loading nuclear transports

The UK Government will appear in an international arbitration court from today (Tuesday 10th June) charged with violating the United Nations Law of the Sea over its decision to open Sellafield's controversial plutonium fuel facility or 'MOX Plant'.

The case is being brought by the Government of Ireland and will be heard over the next three weeks at the Permanent Court of Arbitration in The Hague, The Netherlands. Ireland is opposed to the operation of the MOX plant on the grounds that it pollutes the Irish Sea and that it increases the risk of nuclear terrorism and serious accident. According to the Irish government, the United Kingdom has also breached its international obligations to co-operate with Ireland and failed to protect the marine environment and to reduce and eliminate radioactive discharges from the Sellafield site (2). Greenpeace believes Ireland's legal argument at the Permanent Court of Arbitration is a strong one.

Greenpeace nuclear campaigner Jean McSorley said,
"This facility handles thousands of bombs worth of nuclear material, which will be shipped across the planet. This only serves to highlight Tony Blair's flawed policies on security and the non-proliferation of nuclear weapons. Ireland is to be congratulated for bringing this case. Let's hope the result leads to an early closure of this plant."

Greenpeace international lawyer Duncan Currie said,
"This is a landmark case in holding large nuclear powers to account under international law. Already the International Tribunal for the Law of the Sea has emphasised the obligation to co-operate under international law, and small states at risk of pollution from nuclear activities will be watching this case very closely."

In 2001, Greenpeace and Friends of the Earth UK legally challenged the UK Government's approval of the controversial Sellafield plutonium fuel MOX Plant (SMP) on the grounds that its environmental risk outweighed any economic benefits, and therefore authorisation was not justified under European law. The UK argued that BNFL would secure business with its largest potential clients in Japan, and that the cost of the plant, £70 million, could be written off - at taxpayers expense (3). The High Court in London accepted the UK Government's arguments and ruled against Greenpeace. Since then BNFL has failed to secure any contracts with Japan and has become insolvent (4).

The UK Government will come under further attack later this month at the Ministerial meeting of the OSPAR Convention (5), where Ireland, Norway and others will criticise it for failing to end radioactive marine pollution as required by international agreement.

For further information Greenpeace Press Office 0207 865 8255

Notes to Editors:

Greenpeace briefing 'Irish Government versus UK Government: Sellafield MOX Plant, Permanent Court of Arbitration, The Hague, 10th - 27th June 2003' available from the Greenpeace International website as a PDF document.
(1) The UK Government approved the Sellafield MOX Plant (SMP) in 2001 against an international outcry.
(2) Ireland claims that the UK Government has violated a number of articles of the UNCLOS. Articles 192 and 193 and/or Article 194 and/or Article 207 and/or Articles 211 and 213 of UNCLOS in relation to the authorisation of the MOX plant, including by failing to take the necessary measures to prevent, reduce and control pollution of the marine environment of the Irish Sea; failing to properly or at all to assess the risk of terrorist attack on the MOX plant and international movements of radioactive material associated with the plant; and the United Kingdom has breached its obligations under Articles 123 and 197 of UNCLOS in relation to the authorisation of the MOX plant, and has failed to co-operate with Ireland in the protection of the marine environment of the Irish Sea inter alia by refusing to share information with Ireland and/or refusing to carry out a proper environmental assessment of the impacts on the marine environment of the MOX plant and associated activities and/or proceeding to authorise the operation of the MOX plant whilst proceedings relating to the settlement of a dispute on access to information were still pending.
(3) In particular the UK Government commissioned the report, "Assessment of BNFL's Business Case for the Sellafield MOX Plant," from consultants Arthur D Little. The report was released in July 2001 but vital financial and other data about the prospects for the plant were censored and not released publicly, to the UK High Court or the Government of Ireland. ADL did not consider the possibility that BNFL may fail to win business in Japan, even though future Japanese contracts even then were highly uncertain.
(4) In addition to the failure to secure business with Japan, BNFL has suffered further problems with its clients. BNFL originally stated that they would produce the first MOX from SMP by the end of 2002, to be delivered to Swiss client NOK that operates the Beznau reactor shortly thereafter. Since when BNFL have admitted that they were unable to meet the schedule and that the four nuclear fuel assemblies of MOX would be completed during 2003/4 and transported by May 2004. Greenpeace for the past four years has investigated problems of BNFL MOX fuel technology, charging that the technology is fundamentally flawed and unable to produce reliable high quality MOX fuel. This has major implications for any nuclear reactor that would use the MOX increasing the risk of catastrophic nuclear accident. These problems are understood to be one of the principle reasons BNFL has been unable to meet its production schedule, and why Japanese utilities are unwilling to sign contracts for MOX with SMP.
5) The OSPAR Convention is the Convention for the Protection of the Marine Environment of the North East Atlantic.

BNFL shipment: Pacific Pintail

For the second time in as many days, yachts from the Nuclear Free Irish Sea Flotilla have protested the transport of nuclear materials through the Irish Sea. This morning at 8.30 am six of the flotilla boats protested the arrival of the Pacific Pintail and Pacific Teal into Barrow docks near Sellafield at the end of the ships' infamous 18,000 mile journey from Japan to the UK.

As the Pacific Pintail, carrying its cargo of rejected plutonium mixed oxide (MOX), approached Barrow through the Walney Channel it encountered a peaceful protest with a simple message - "Stop Nuclear Transports". The boats involved in today's protest were from the Republic of Ireland, Britain and the Isle of Man and were there to represent the views of millions of people living along the Irish Sea coastline.

The ships were escorted through the Walney Channel by a large police launch, seven police inflatables and at least one security helicopter. The yachts from the Nuclear Free Irish Sea Flotilla fell into formation behind the Pacific Pintail once the nuclear freighter carrying the cask of rejected plutonium MOX had passed them between Peel Island and Roa Island at the entrance to the Channel. The yachts got within 200 metres of the first set of lock gates.

"The Flotilla is a partnership of individual seafarers who use the Irish Sea," said Dr Warren Scott skipper of the yacht Swn y Mor from Glasson Dock. "We wish to let BNFL and the UK and Japanese Governments know that we are no longer willing to sit back and allow the Irish Sea, or any sea, to be used as a nuclear highway."

The plutonium transport has earned the reputation as the world's most controversial nuclear shipment. Over 80 governments have condemned it citing environmental, security and safety concerns. En route countries called for the transport not to enter their 200 mile Exclusive Economic Zone (EEZ), a call which fell on deaf ears. Even on the final leg of its journey, the BNFL transport was less than 30 miles from the Irish coast when it encountered the Irish Sea Flotilla yesterday afternoon.

The Government of Ireland which normally has good relations with the UK, has begun a legal challenge against the reprocessing operations at Sellafield through the United Nations International Tribunal on the Law of the Sea and has also instigated arbitration through the Paris and Oslo Convention (OSPAR), a treaty dealing with the prevention of pollution in the north east Atlantic.

"This plutonium shipment has reached pariah status. BNFL and the UK Government have once again put at risk the environment and security of millions of people around the planet for what ? A bankrupt business that will drain billions from the UK taxpayer over the coming decades while continuing to increase its mountain of stocks of weapons-usable plutonium. This was a wholly unjustified and shameful transport and it must be the last," said John Bowler of Greenpeace International, in Barrow.

Further information:
Contact:
Greenpeace press office on 020 7865 8255

BNFL ships arrive at Barrow

The Nuclear Free Irish Sea Flotilla has encountered and protested against the two nuclear freighters entering the Irish Sea today, 28 miles off the coast of Ireland, 20 miles off the coast of the UK.

The Pacific Pintail with its cargo of rejected plutonium mixed oxide (MOX) fuel produced by British Nuclear Fuels (BNFL), sailed close by yachts in the flotilla that had formed a line across the Irish Sea. The convergence of the ships and yachts took place at a point south east of County Wexford, Ireland, and south-west of Fishguard, in South Wales. The Pacific Pintail, after sailing 18,000 miles from Japan, passed the Noble Warrior yacht by less than 200 metres. A total of 4 out of the 9 boats in the flotilla succeeded in intercepting the nuclear shipment. In addition to the Pintail, its armed escort ship from Japan, Pacific Teal also sailed past the flotilla. During the day a RAF Nimrod aircraft together with a Royal Navy vessel, tracked the progress of the Rainbow Warrior and the flotilla as they neared the plutonium ships.

Two hours before the protest the captain of the Rainbow Warrior, via emergency radio channel 16 informed both nuclear transport ships, that the protest was peaceful, and that they would not interfere with the navigation of the vessels. Neither vessel responded, which is a breach of maritime safety regulations. Greenpeace informed the UK coastguard at Milford Haven of their failure to answer our calls.

The plutonium MOX was only shipped to Japan from the UK in 1999, but after arrival BNFL were forced to admit that they had deliberately falsified vital safety data. BNFL s deception has cost the UK taxpayer over 110 million pounds sterling as the UK Government and BNFL agreed to pay compensation to Japan and to cover transportation costs. Since the falsification scandal, BNFL has declared itself bankrupt, and yet the Government maintains its support for BNFL.

"My taking part in this peaceful protest so stop plutonium operations at Sellafield has already been very rewarding. The Nuclear Free Irish Sea Flotilla has representatives from Wales, Ireland, Scotland, The Isle of Man, Northern Ireland and the Republic of Ireland. We have come together to express our concerns and I have found real encouragement from discovering our common interests on these issues," said Paul Barrett, skipper of the yacht Tuscair, one of the Flotilla members.

The Flotilla is part of a global movement to stop the nuclear reprocessing industry from producing and trading in weapons- usable plutonium. British Nuclear Fuels (BNFL) and the French company COGEMA which operate reprocessing plants, have amassed more than 150,000 kilograms of plutonium so far at their respective nuclear sites. Both companies hope to secure plutonium MOX fuel contracts with Japan. If successful it would mean as many 100 plutonium sea shipments. However, Japan s nuclear program is in crisis with plans to use plutonium MOX fuel frozen by its largest nuclear company, Tokyo Electric. Opposition to the plutonium program in Japan has grown significantly since the original falsification scandal in 1999 with the Government and utilities under pressure to abandon their controversial program.

"This plutonium MOX should never have been shipped to Japan in the first place in 1999. If they had their way it would now be loaded into a nuclear reactor increasing the risks of a catastrophic nuclear accident, " said Shaun Burnie, Greenpeace International Nuclear Campaigner on board the Rainbow Warrior. "The people in Japan know this and are committed to stopping any further business with Japan. The UK Government which continues to support BNFL and the trade in bomb-material needs to stop this madness before there is a disaster." Burnie added.

Since leaving Japan on July 4th, over 80 Governments have condemned this shipment citing environmental, security and safety concerns. Protests along the transport route included a South Pacific/Tasman Sea flotilla between New Zealand and Australia. Governments along the route have demanded that the vessels not enter their 200 mile Exclusive Economic Zone. The two ships are bound for Barrow-in-Furness, where their cargo of plutonium MOX will be unloaded and transported to the nuclear complex at Sellafield. BNFL has no intention to do anything with the plutonium MOX other than to dump it along with the other 70- 80,000 kilograms of plutonium currently in store at Sellafield.

The two ships will be greeted by protests from other boats in the Nuclear Free Irish Sea Flotilla, when it arrives at 9am Tuesday morning in Barrow-in- Furness, BNFL' s homeport.

Further information:
Contact:
Greenpeace press office on 020 7865 8255

Mox Shipment leaves Takahama

British Nuclear Fuel's (BNFL) controversial plutonium fuel programme (MOX) suffered another blow when Japan's largest nuclear utility announced last night (29/8/02) that there has been a major safety scandal at its nuclear power plants. Tokyo Electric Power Company (TEPCO), the world's third largest nuclear power operator is a key potential customer of BNFL's MOX fuel manufactured at its plant at Sellafield, Cumbria.

TEPCO announced at an emergency press conference in Tokyo last night (29/8/02) that vital safety inspections at nuclear reactors had been ignored and test data deliberately falsified throughout the 1980's and 1990's. Serious corrosion in the core shroud of the reactor expected to be loaded with the first batch of MOX fuel next month was also exposed.

Plans to introduce controversial plutonium mixed oxide (MOX) fuel manufactured by BNFL's French rival COGEMA into the reactor have now been postponed indefinitely and TEPCO President Nobuya Minami said his company would suspend the whole MOX program saying "We personally hurt the public's trust in us. We cannot ask for understanding to continue the MOX fuel project."(Asahi Shimbun 30/8/02)

The scandal comes as bankrupt BNFL is shipping a cargo of rejected plutonium MOX fuel back from Japan to Sellafield. The fuel was rejected after it was exposed that BNFL had lied to another Japanese nuclear firm over vital safety data. Despite huge opposition from en-route countries (including Ireland), BNFL is making the return shipment and the UK Government has agreed to a compensation package of over £100 million to Japan, on the basis of Japan signing contracts for MOX with BNFL.

Greenpeace nuclear campaigner Shaun Burnie said,

"First BNFL lies about the safety of its MOX fuel and then just as the rejected fuel is being returned from Japan, it emerges that the Japanese nuclear industry has been faking safety checks at their end for decades. Once again it has been shown that the nuclear industry is inherently dishonest and cannot be trusted with the lives of millions of people."

"With the MOX programme effectively frozen in Japan, no demand for this dangerous fuel in Britain and little elsewhere, as well as huge opposition to MOX shipment around the world BNFL has no hope of getting its beleaguered MOX business off the ground. The UK Government should stop bailing BNFL out and the Sellafield MOX plant should be shut for good."

The scandal at TEPCO was broken by a former worker from the company that did the inspections, General Electric International Inc. The whistleblower informed the Japanese Ministry for Trade, Industry and Economy (METI) in July 2000. METI has claimed in a statement that it has been investigating the extent of the problem since then. However, the Japanese Government withheld the vital nuclear safety information for at least two years, while claiming their reactors were safe.

Kazue Suzuki, nuclear campaigner from Greenpeace Japan said,

"Japan's nuclear industry and Government has been exposed once again as ignoring fundamental safety problems at their nuclear reactors - risking catastrophic accident and the lives of tens of millions. This is only the start of the scandal. There is a lot more to be revealed and the industry and Japanese Government safety authorities will have to be forced to release all relevant information. The ramifications of this latest news will be felt around the world."

The Sellafield MOX plant was completed in 1996 but has not begun commercial operations following the scandal in 1999 when BNFL workers falsified safety data on a trial batch of MOX fuel which was about to be tested in a Japanese reactor. Japan has so far refused to sign any MOX contracts with BNFL. This is striking since BNFL's Chief Executive Norman Askew said in 2000 that without Japanese contracts BNFL could not justify opening the plant. (Guardian 15/11/2000)

Notes to editors

Reactor Core Shroud Cracking

The core shroud is a large stainless steel cylinder of circumferentially welded plates surrounding the reactor fuel core. The shroud provides for the core geometry of the fuel bundles. It is integral to providing a re-floodable compartment in the event of a loss-of-coolant-accident. Extensive cracking of circumferential welds on the core shroud has been discovered in a growing number of U.S. and foreign BWRs. A lateral shift along circumferential cracks at the welds by as little as 1/8 inch can result in the misalignment of the fuel and the inability to insert the control rods coupled with loss of fuel core cooling capability. This scenario can result in a core melt accident.

Greenpeace volunteers protesting aboard the Esperanza

Greenpeace has caught up with a deadly cargo of plutonium off South African waters and mounted a high-seas protest, just days before the start of the Earth Summit in Johannesburg.

Despite attempts by the two armed vessels to evade public scrutiny by altering course, the Greenpeace ship, MV Esperanza, located them late Sunday night and radioed an intention to peacefully protest, but received no reply.

"The nuclear industry may try to run, but they cannot hide the fact that they are endangering the environment, lives and livelihoods of millions of people by shipping their deadly and discredited cargo around the world," said Tom Clements of Greenpeace, on board the MV Esperanza. "This shipment alone is costing $100 million - money which would be better spent on clean, renewable energy.

"When world leaders gather in Johannesburg in a few days time they must reject all dirty energy - nuclear, oil, coal and gas. They must commit to clean power, which does not add to the appalling environmental legacy of nuclear and fossil fuels."

The plutonium on board the Pacific Pintail, escorted by the Pacific Teal, is a notorious cargo sold by British Nuclear Fuels (BNFL) in the UK, to Japan in 1999. Safety data about the mixed oxide fuel (MOX) was falsified and when the deception was uncovered by Greenpeace, Japan demanded the cargo be returned.

There is enough weapons useable plutonium on board the vessel to make 50 nuclear bombs. If this shipment goes ahead, it will open up our seas to up to 100 more such shipments over the next 10 years. It is an issue of nuclear proliferation.

The two ships, the Pacific Pintail and the Pacific Teal, have already gone to great lengths to avoid facing public and political pressure. Their departure from Japan on July 4th was marked by Greenpeace protests and it has been met with stiff opposition and protest since.

Just two days ago the Pacific Island Forum (PIF) issued its strongest communiqué to date demanding the shipping states accept liability and agree compensation in the event of an accident. Last month the 78-member African, Caribbean and Pacific group of countries (ACP) also spoke out against the hazardous cargo. As South Africa is part of the ACP, and as host nation of the Earth Summit, Greenpeace calls on South Africa to take the lead and join other governments in demanding a ban on nuclear shipments.

BNFL has consistently refused to provide environmental impact assessments on the shipments and failed to notify en route states in order to prepare emergency plans in case of an accident. The vessels have breached Economic Exclusion Zones en route, despite demands from many nations that they stay out. The two vessels, armed with three 30mm cannons each, are bound for the BNFL nuclear complex at Sellafield in the UK and are expected to arrive back in about 20 days. There they will be met by a flotilla of protest in the Irish Sea, which is heavily polluted by radioactive discharges from the Sellafield plant.

The Esperanza, which is in South Africa as part of the international environmental group's campaign on the Earth Summit, sailed from Cape Town on Saturday. Greenpeace has had the shipment under surveillance since it left Japan on July 4th and will continue to track their progress.