Council Regulation (Euratom) No 237/2014Show full title

Council Regulation (Euratom) No 237/2014

of 13 December 2013

establishing an Instrument for Nuclear Safety Cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The Instrument for Nuclear Safety Cooperation, established by Council Regulation (Euratom) No 300/2007(2), constitutes one of the instruments providing direct support for the external policies of the European Union and the European Atomic Energy Community.

(2) The Union is a major provider of economic, financial, technical, humanitarian and macroeconomic assistance to third countries. This Regulation forms part of the framework devised for the planning of cooperation and the provision of assistance aimed at supporting the promotion of a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards of nuclear material in third countries.

(3) The Chernobyl accident in 1986 highlighted the global importance of nuclear safety. The Fukushima Daiichi accident in 2011 confirmed the need for continued efforts to improve nuclear safety and reach the highest standards. To create the conditions of safety necessary in order to eliminate hazards to the life and health of the public, the Community should be able to support nuclear safety in third countries.

(4) By acting within common policies and strategies with its Member States, the Union alone has the critical mass to respond to global challenges and is also best placed to coordinate cooperation with third countries.

(5) By Commission Decision 1999/819/Euratom(3), the Community acceded to the 1994 Convention on Nuclear Safety. By Commission Decision 2005/510/Euratom(4), the Community also acceded to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management.

(6) In order to maintain and promote the continuous improvement of nuclear safety and its regulation, the Council adopted Directive 2009/71/Euratom(5) and Directive 2011/70/Euratom(6). These Directives and the high standards of nuclear safety and of radioactive waste and spent fuel management implemented in the Community are examples to be used in order to encourage third countries to adopt similar high standards.

(7) The promotion of regulatory and other forms of cooperation with emerging economies and the promotion of Union approaches, rules, standards and practices are external policy objectives of the Europe 2020 strategy.

(8) The Community Member States are signatory parties of the Non Proliferation Treaty and the Additional Protocol.

(9) The Community already pursues close cooperation, in accordance with Chapter 10 of the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’), with the International Atomic Energy Agency (IAEA), both in relation to nuclear safeguards, in furtherance of the objectives of Chapter 7 of Title Two of the Euratom Treaty, and in relation to nuclear safety.

(10) There are a number of international organisations and programmes pursuing objectives similar to those of this Regulation, such as the IAEA, Organisation for Economic Cooperation and Development/Nuclear Energy Agency (OECD/NEA), European Bank of Reconstruction and Development (EBRD) and the Northern Dimension Environmental Partnership (NDEP).

(11) There is a particular need for the Community to continue its efforts in support of the application of effective safeguards of nuclear material in third countries, building on its own safeguard activities within the Union.

(12) In the application of this Regulation, the Commission should consult the European Nuclear Safety Regulators Group (ENSREG) prior to the elaboration and adoption of the strategy paper and multiannual indicative programmes. The action programmes should be based on consultation, where relevant, with the national regulatory bodies of the Member States, and on a dialogue with the partner countries.

(13) The measures supporting the objectives of this Regulation should also be supported by exploiting further synergies with the direct and indirect actions of the Euratom Framework Programmes in nuclear research and training.

(14) It is understood that the responsibility for the safety of the installation rests with the operator and the State having the jurisdiction over the installation.

(15) While Union external assistance has increasing financing needs, the economic and budgetary situation of the Union limits the resources available for such assistance. The Commission should therefore seek the most efficient use of available resources through, in particular, the use of financial instruments with leverage effect. Such leverage effect is increased by allowing the possibility to use and re-use the funds invested and generated by those financial instruments.

(16) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission.

(17) The implementing powers relating to the programming and financing of the actions supported under this Regulation, should be exercised in accordance with Regulation (EU) No 182/2011(7), which is to apply for the purpose of this Regulation, notwithstanding the fact that it does not refer to Article 106a of the Euratom Treaty. Taking into account the nature of those implementing acts, in particular their policy orientation nature or their financial implications, the examination procedure provided for in that Regulation is to, in principle, be used for their adoption, except for technical implementing measures on a small financial scale. The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to a nuclear or radiological accident, including accidental exposure, the need for a swift response from the Community to mitigate its consequences or imperative grounds of urgency so require.

(18) The rules and procedures laid down in Regulation (EU) No 236/2014 of the European Parliament and of the Council(8), should apply for the implementation of this Regulation, as appropriate.

(19) The Union and the Community continue to be served by a single institutional framework. It is therefore essential to ensure consistency between the external action of both. The European External Action Service is to be involved, where appropriate, in the programming of this instrument, in accordance with Council Decision 2010/427/EU(9).

(20) The Union should seek the most efficient use of available resources in order to optimise the impact of its external action. This should be achieved through coherence and complementarity between Instruments for external action, as well as the creation of synergies between this Instrument, other Instruments for external action and other policies of the Union. This should further entail mutual reinforcement of the programmes devised under these Instruments.

(21) This Regulation replaces Regulation (Euratom) No 300/2007, which expires on 31 December 2013.

HAS ADOPTED THIS REGULATION:

(1)

Opinion of 19 November 2013 (Not yet published in the Official Journal).

(2)

Council Regulation (Euratom) No 300/2007 of 19 February 2007 establishing an Instrument for Nuclear Safety Cooperation (OJ L 81, 22.3.2007, p. 1).

(3)

Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (OJ L 318, 11.12.1999, p. 20).

(4)

Commission Decision 2005/510/Euratom of 14 June 2005 concerning the accession of the European Atomic Energy Community to the ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’ (OJ L 185, 16.7.2005, p. 33).

(5)

Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).

(6)

Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).

(7)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(8)

Regulation (EU) No 236/2014 of the European Parliament and of the Council of 11 March 2014 establishing common rules and procedures for the implementation of the Union's instruments for external action (see page 95 of this Official Journal).

(9)

Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).