Instrument for Nuclear Safety Cooperation 2007-2013: establishment

2006/0802(CNS)

PURPOSE: to establish an “Instrument for Nuclear Safety Co-operation” with third countries, 2007-2013.

PROPOSED ACT: Council Regulation (Euratom) No 300/2007 establishing an Instrument for Nuclear Safety and Co-operation.

BACKGROUND: this Regulation has been adopted within the context of the recently approved  financial perspectives, 2007 -2013. The EU is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. To make this external aid more effective a new planning and provision framework for external assistance has been devised. This new framework applies to the present Regulation. The other recently approved Instruments to whom the new framework applies are:

-          An Instrument for Pre-Accession

-          The European Neighbourhood and Partnership Instrument

-          An Instrument for development co-operation

-          An Instrument for Stability

-          An Instrument for the promotion of democracy and human rights world-wide

-          An Instrument for co-operation with industrialised and other high income countries and territories

The present Regulation is a complementary instrument aimed at supporting the promotion of nuclear safety, radiation protection and the application of efficient and effective safeguards of nuclear material in third countries. The origins of an EU policy towards offering assistance in nuclear safety to third countries can be traced back to the 1986 Chernobyl accident, which highlighted the global importance of nuclear safety.

It was originally intended that nuclear safety and co-operation would form part of the general Instrument for Stability. For judicial reasons, and for reasons related to the Inter-Institutional Agreement on the Financial Perspective (2007-2013), it was decided, however, to award nuclear safety and security assistance a separate Instrument.

CONTENT: the purpose of this Regulation is to set up an Instrument on Nuclear Safety and Co-operation, the main objective of which is to promote a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards relating to nuclear material in third countries, through financial assistance. To realise these objectives the Instrument has been awarded a EUR 524 000 000 million budget covering the period 2007 - 2013.

The Nuclear Safety Co-operation Instrument will support the following actions:

-          The promotion of an effective culture of nuclear safety. Support will be given to regulatory bodies, technical support organisations and licensing activities; the safe transport, treatment and disposal of spent nuclear fuel and radioactive waste; and the development of strategies for decommissioning existing installations and remediation of former nuclear sites.

-          The promotion of effective regulatory frameworks: Support will also be given to procedures and systems that ensure adequate protection against ionising radiations from radioactive materials. Particular attention will be given to high activity radioactive sources and their safe disposal.

-          The establishment of effective arrangements for the prevention of accidents with radiological consequences: Support will also be given to the mitigation of such consequences should they occur and for emergency-planning, preparedness and responses, civil protection and rehabilitation measures.

-          The promotion of international cooperation: Support will be given within the framework of relevant international organisation, most notably the IAWA.

Implementation and other provisions: Community assistance will be based on multi-annual strategy papers and indicative programmes. The strategy papers, drawn up by the Commission in accordance with strict procedures, will be reviewed mid-term or whenever necessary. The indicative programmes will be revised when necessary taking account of any review of the relevant strategy papers. In addition the Commission will be responsible for adopting action programmes drawn up on the basis of both the strategy papers and the indicative programmes. The Commission may, in the event of unforeseen and urgent needs or circumstances, adopt special measures not provided for in the strategy paper and indicative programmes. Where the cost of the special measures exceeds EUR 5 million, the Commission may adopt them in accordance with specified procedures.

Eligibility: The following will be eligible for funding under the terms of this Instrument:

-          partner countries and regions and their institutions;

-          decentralised bodies in the partner countries, such as regions, departments, provinces and municipalities;

-          joint bodies set up by the partner countries and regions and the Community;

-          international organisations, including regional organisation, UN bodies, departments and missions, international financial institutions and development banks;

-          the Community’s Joint Research Centre and EU agencies;

-          Member States’ bodies, partner countries and regions and any other third countries including, public bodies, local authorities or administration and consortia, companies, firms and other private organisation and businesses, financial institutions that grant, promote and finance private investment in partner countries and regions; non-state actors; and natural persons.

Types of measures: Community financing may take the form of:

-          projects and programmes;

-          sectoral support;

-          contributions to guarantee funds;

-          debt-relief programmes in exceptional cases, under an internationally agreed debt relief programme;

-          grants to cover operating costs;

-          funding for twinning programmes between public institutions, national public bodies or private law entities with a public service mission of a Member State and those of partner country/region;

-          contributions to international funds to attract joint financing from a number of donors; and

-          human and material resources required for the effective administration and supervision of projects and programmes by partner countries and regions;

Activities eligible for funding under Council Regulation (EC) No 1257/96 concerning humanitarian aid will not be funded under this Regulation nor will, in principle, funding be given to paying taxes, custom duties or other fiscal charges.

Community financing may cover expenditure associated with preparation, follow up, monitoring, auditing and evaluation activities. Measures financed under this Regulation will be eligible for co-financing from: the Member States; other donor countries; international and regional organisations; companies, firms and private organisations and other non-state actors; and partner countries and regions in receipt of funding.

The legal form of Community financing will include financing agreements, grant agreements, procurement contracts and employment contracts. Special provisions have been put in place to protect the financial interests of the Community as have rules on participation and origin.

Evaluation: The Commission will regularly evaluate the results of policies and programmes in order to ascertain whether objectives have been met and how effective the programmes are. Provisions have been put in place requiring the Commission to report regularly to the Council and European Parliament on the implementation of the Regulation.

REPEAL:

-          Regulation (EC, Euratom) no 99/2000;

-          Decision 98/381/EC, Euratom;

-          Decision 2001/824/EC, Euratom.

The repealed instruments will continue to apply for legal acts and commitments implementing the budget years preceding 2007.

APPLY FROM: 1 January 2007 – 31 December 2013.

ENTRY INTO FORCE: 11 April 2007.