Annexes to COM(2011)841 - Instrument for Nuclear Safety Cooperation

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)841 - Instrument for Nuclear Safety Cooperation.
document COM(2011)841 EN
date December 13, 2013
ANNEX

CRITERIA APPLYING TO NUCLEAR SAFETY COOPERATION

This Annex defines the criteria (1) for cooperation under this Regulation including the priorities.

Cooperation should be based on the following criteria:

1. General criteria and priorities

(a)General criteria:

—Cooperation may cover all third countries worldwide.

—Priority should be given to accession countries and countries in the European Neighbourhood Area, preferably by using a country approach. The regional approach should be favoured for countries in other regions.

—Cooperation with high income countries is intended to facilitate relations between their respective stakeholders competent on nuclear safety and radiation protection. Such relations shall exclude any Community funding to high income countries through this Regulation. However, special measures may be undertaken, for example following a major nuclear accident, where necessary and appropriate.

—A common understanding and a reciprocal agreement between the third country and the Community should be confirmed through a formal request to the Commission, committing the respective Government.

—Third countries wishing to cooperate with the Community should fully subscribe to the principles of non-proliferation. They should also be parties to the relevant Conventions, within the framework of the IAEA, on nuclear safety, such as the 1994 Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, or have taken steps demonstrating a firm undertaking to accede to such Conventions. This commitment should be evaluated annually and, on the basis of that evaluation, a decision will be taken with regard to the continuation of the cooperation. Cooperation with the Community could be made conditional on accession to or the completion of steps towards accession to the relevant Conventions. In cases of emergency, flexibility should, exceptionally, be shown in the application of those principles.

—In order to ensure and to monitor compliance with the cooperation objectives of this Regulation, the third country concerned shall accept the evaluation of the actions undertaken. This evaluation should allow the monitoring and verification of compliance with the agreed objectives and could be a condition for continued payment of the Community contribution.

—Cooperation provided by the Union in the field of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy and should therefore not be interpreted as a measure to promote that energy source in third countries.

(b)Priorities

In order to create the safety conditions necessary to eliminate hazards to the life and health of the public, cooperation shall be directed primarily at the nuclear regulators and their technical support organisations. The objective of such cooperation is to ensure their technical competence and independence and the reinforcement of the regulatory framework, in particular with regard to licensing activities, including the review and follow up of effective and comprehensive risk and safety assessments (‘stress tests’).

Other priorities of the cooperation programmes to be developed within the framework of this Regulation shall include:

—the development and implementation of responsible strategies and frameworks for the responsible and safe management of spent fuel and radioactive waste;

—the decommissioning of existing installations, the remediation of former nuclear sites and legacy sites related to uranium mining, as well as the recovery and management of sunken radioactive objects and material at sea, when these constitute a danger to the public.

Cooperation with third countries' operators of nuclear power plants shall be considered in the specific cases set out in Articles 2 and 3, in particular in the framework of follow-up measures of a comprehensive risk and safety assessment. Such cooperation shall exclude supply of equipment.

2. Countries with installed nuclear generating capacity

In the case of countries which have already benefited from Community financing, additional cooperation should depend on the evaluation of actions funded by the Community and on the proper justification of new needs. The evaluation should make it possible to determine more precisely the nature of the cooperation and the amounts to be granted to those countries in the future.

In the case of countries requiring cooperation, consideration should be given to:

(a)the degree of urgency of intervention in a given country, in the light of the situation as regards nuclear safety; and

(b)the significance of stepping in at the appropriate moment so as to ensure that a nuclear safety culture is fostered, in particular as regards the deployment or strengthening of the regulatory authorities and technical support organisations and the development and implementation of strategies and frameworks for the responsible and safe management of spent fuel and radioactive waste.

The use of the Integrated Regulatory Review Service (IRRS) and the IAEA Operational Safety Review Team (OSART) missions would be viewed favourably, although this would not constitute a formal criterion for cooperation.

3. Countries without installed nuclear generating capacity

In the case of countries which have nuclear installations as defined in Article 3(1) of Directive 2009/71/Euratom, but do not wish to develop nuclear generating capacity, cooperation shall depend on the degree of urgency in the light of the situation as regards nuclear safety.

In the case of countries that wish to develop nuclear generating capacity, whether or not they have nuclear installations as defined in Article 3(1) of Directive 2009/71/Euratom, and for which the issue arises of intervention at the appropriate moment to ensure that a nuclear safety culture is fostered in parallel with the development of the nuclear generating programme, especially as regards strengthening the regulatory authorities and technical support organisations, cooperation shall take into account the credibility of the nuclear power development programme, the existence of a government decision on the use of nuclear energy and the drawing up of a preliminary road map, which should take into account the Milestones in the Development of a National Infrastructure for Nuclear Power (IAEA Nuclear Energy Series Document NG-G-3.1).

For countries in this category, cooperation should be primarily aimed at developing the required regulatory infrastructure, the technical competence of the nuclear regulator and the respective technical support organisation(s). The development of strategies and frameworks for the responsible and safe management of spent fuel and radioactive waste should also be considered and, if appropriate, supported, including in countries which do not envisage developing or have decided not to develop nuclear generating capacity.

In the case of countries which do not fall in the above categories, cooperation may be provided in the case of emergency situations as regards nuclear safety. Those countries should be able to benefit from a certain degree of flexibility in the application of the general criteria.

4. Coordination

The Commission should coordinate its cooperation with third countries with organisations pursuing similar objectives, in particular international organisations, including in particular the IAEA. That coordination should enable the Community and the organisations concerned to avoid any duplication of actions and funding in relation to third countries. The Commission should also involve the competent authorities of Member States and European operators in the fulfilment of its task, thereby harnessing the quality of European expertise in the field of nuclear safety and safeguards.

The Commission shall ensure that there is no duplication between the cooperation in the field of safeguards, through the measures which may be undertaken in accordance with Article 3(3) of this Regulation, and cooperation which may take place in the fields of security and non-proliferation under the Instrument contributing to Stability and Peace.


(1) The criteria are to take into account the Council Conclusions on assistance to third countries in the field of nuclear safety and security (2913th Transport, Telecommunications and Energy Council meeting, Brussels, 9 December 2008).