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Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

EU Decision 2016/2383 · Adopted 21 December 2016 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Decision (CFSP) 2016/2383

of 21 December 2016

on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 31(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 12 December 2003, the European Council adopted the European Union Strategy against the Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.

(2)

The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

(3)

On 17 November 2003, the Council adopted Common Position 2003/805/CFSPf1 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery. That Common Position calls, inter alia, for the promotion of the conclusion of IAEA comprehensive safeguards agreements and Additional Protocols and commits the Union to work towards making the comprehensive safeguards agreements and Additional Protocols the standard for the IAEA verification system.

(4)

On 17 May 2004, the Council adopted Joint Action 2004/495/CFSPf2 on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the Strategy.

(5)

On 18 July 2005, the Council adopted Joint Action 2005/574/CFSPf3 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(6)

On 12 June 2006, the Council adopted Joint Action 2006/418/CFSPf4 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(7)

On 14 April 2008, the Council adopted Joint Action 2008/314/CFSPf5 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(8)

On 27 September 2010, the Council adopted Decision 2010/585/CFSPf6 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(9)

On 21 October 2013, the Council adopted Decision 2013/517/CFSPf7 on Union support for the activities of the IAEA in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(10)

On 8 May 2016, the Amendment to the Convention on the Physical Protection of Nuclear Material (ACPPNM) entered into force. The Union and its Member States promoted the Amendment through diplomatic outreach and financing of the IAEA activities in that regard. Following its entry into force, sustained efforts will be required to ensure national enforcement and universalization of the ACPPNM.

(11)

The IAEA pursues the same objectives set out in Recitals (3) to (10) through the implementation of its Nuclear Security Plan which is financed entirely through voluntary contributions to the IAEA Nuclear Security Fund.

(12)

The Union is committed to strengthening nuclear security worldwide and is ready to continue assisting third countries in that regard. The Union welcomes recent steps to strengthen the IAEA Nuclear Security Programme as well as the International Conference on Nuclear Security: Commitments and Actions, hosted by the IAEA from 5 to 9 December 2016. The Union aims at maintaining the sustainability and effectiveness of the implementation of Joint Actions 2004/495/CFSP, 2005/574/CFSP, 2006/418/CFSP, 2008/314/CFSP and Decision 2010/585/CFSP in support of the IAEA Nuclear Security Plans (‘previous Joint Actions and Decisions’) and is committed to providing further support in view of the adoption of the IAEA Nuclear Security Plan 2018-2021. Close coordination with the EU Chemical, Biological, Radiological and Nuclear (CBRN) Centres of Excellence Initiative, as well as other initiatives and programs will be undertaken to avoid duplication and to maximise cost effectiveness and continued risk reduction.

(13)

The technical implementation of this Decision should be entrusted to the IAEA which, on the basis of its longstanding and broadly recognised expertise in the area of nuclear security, could significantly strengthen relevant capabilities in the target countries. The projects as supported by the Union can only be financed through voluntary contributions to the IAEA Nuclear Security Fund. Such contributions to be provided by the Union will be instrumental in enabling the IAEA to play a key role in the area of nuclear security by supporting the efforts of countries to fulfil their nuclear security responsibilities.

(14)

The responsibility for nuclear security within a State rests entirely with the State,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (OJ L 302, 20.11.2003, p. 34).

f2

Council Joint Action 2004/495/CFSP of 17 May 2004 on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 182, 19.5.2004, p. 46).

f3

Council Joint Action 2005/574/CFSP of 18 July 2005 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 193, 23.7.2005, p. 44).

f4

Council Joint Action 2006/418/CFSP of 12 June 2006 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (OJ L 165, 17.6.2006, p. 20).

f5

Council Joint Action 2008/314/CFSP of 14 April 2008 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 107, 17.4.2008, p. 62).

f6

Council Decision 2010/585/CFSP of 27 September 2010 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 259, 1.10.2010, p. 10).

f7

Council Decision 2013/517/CFSP of 21 October 2013 on the Union support for the activities of the International Atomic Energy Agency in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 281, 23.10.2013, p. 6).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Annex: Union support for IAEA activities in the areas of nuclear security in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
  7. Eligibility and selection of recipient States
  8. PROJECTS
  9. Project 1:Support for the implementation of the ACPPNM
  10. IIREPORTING AND ASSESSMENT
  11. IIIPARTICIPATION OF NO COST EXPERTS COMING FROM EU MEMBER STATES
  12. IVDURATION
  13. VBENEFICIARIES
  14. VIEU VISIBILITY
  15. VIIIMPLEMENTING AGENCY

1

1.

For the purpose of giving immediate and practical implementation to certain elements of the Strategy, the Union shall support the IAEA's activities in the areas of nuclear security in order to further the following objectives:

(a)

achieving progress towards the universalisation of international non-proliferation and nuclear security instruments;

(b)

assisting States in the establishment of indigenous technical, scientific and human capacity necessary for effective, sustainable nuclear security;

(c)

strengthening capacities to prevent, detect, respond and protect people, property, environment and society from criminal or intentional unauthorised acts involving nuclear or other radioactive material out of regulatory control;

(d)

strengthening the detection of, and response to, illicit trafficking of nuclear and other radioactive material;

(e)

contributing to computer security in the nuclear field;

(f)

strengthening the security of radioactive sources, to bring them to a safe and secure storage in the countries in need of support, including repatriation to the country of origin or supplier;

(g)

strengthening physical protection of nuclear and other radioactive material.

2.

The projects shall aim at:

(a)

ensuring the sustainability and effectiveness of support provided through previous Joint Actions and Decisions;

(b)

strengthening States' Indigenous Nuclear Security Support Infrastructure;

(c)

strengthening States' Legislative and Regulatory Framework;

(d)

strengthening Nuclear Security Systems and Measures for Nuclear and other Radioactive Materials;

(e)

strengthening States' Institutional Infrastructure and Capabilities to Deal with Nuclear and Radioactive Materials out of Regulatory Control;

(f)

strengthening States' Response and Resilience to Cyber Crime and Mitigating its Impact on Nuclear Security;

(g)

enhancing education and training capacities in the field of Nuclear Security;

(h)

ensuring focused and continuing support for the implementation and the universalization of the Amendment to the Convention on the Physical Protection of Nuclear Material.

3.

Preparations for this Decision shall be based on the information already available to the IAEA and the results of the tasks conducted under previous Joint Actions and Decisions.

4.

A detailed description of the projects is set out in the Annex. The lists of target countries shall be based on the definition of needs following an analysis of missing gaps as reflected in existing Integrated Nuclear Security Support Plans (INSSP), or on an accepted proposal by the IAEA Secretariat. The lists of beneficiary countries and of subregions should be defined by the Member States of the Union in consultation with the IAEA.

2

1.

The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.

2.

The projects referred to in Article 1(2) shall be carried out by the IAEA as the Implementing Entity. It shall perform this task under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the IAEA.

3

1.

The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 9 361 204,23.

2.

The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.

3.

The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude a financing agreement with the IAEA. The financing agreement shall stipulate that the IAEA is to ensure visibility of the Union's contribution, appropriate to its size.

4.

The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.

4

1.

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. These reports shall form the basis for the evaluation by the Council.

2.

The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).

5

1.

This Decision shall enter into force on the date of its adoption.

2.

F1This Decision shall expire on 14 December 2020 .

Eligibility and selection of recipient States

States eligible to receive support under this Decision comprise all IAEA Member States in need of support in the field of nuclear security, subject to a decision by the Union, based on an IAEA proposal. Modifications to the proposals may be made by the IAEA, in writing, to the Union setting out a justification for the proposed changes. The changes will be implemented after agreement by the Union. The selection of recipient States (‘beneficiary countries’) as indicated in this Decision should be based on the assessments and data already available to the IAEA acquired also under previous Council Decisions and in consultation with the relevant Council bodies, with the aim of ensuring maximum impact of the action. Close coordination with the Centres of Excellence Initiative, projects financed by the European Commission as well as other initiatives and programs will be undertaken to avoid duplication and maximise cost effectiveness and continued risk reduction through meetings of the EU CBRN Centres of Excellence Initiative management during the annual meetings between the Joint Research Centre and the IAEA Secretariat and in the margins of the annual Nuclear Security Support Centres (NSSC) plenary meeting. The use of funds for specific activities will be in line with Union priorities and subject to regular prior consultation. Some activities such as Regional Training Courses (RTC) and International Training Courses (ITC) will be hosted by States other than beneficiary countries. This represents a contribution to IAEA activities by the host State.

Each project includes a list of potential beneficiary countries agreed between the Union and the IAEA. Projects will be implemented in the selected States of those regions and can encompass activities in the following areas:

  1. 1..

    sustainability and Effectiveness of Support provided through previous Joint Actions and Decisions;

  2. 2..

    strengthening of States' Indigenous Nuclear Security Support Infrastructure;

  3. 3..

    strengthening of States' Legislative and Regulatory Framework;

  4. 4..

    strengthening of Nuclear Security Systems and Measures for Nuclear and other Radioactive Materials;

  5. 5..

    strengthening of States' Institutional Infrastructure and Capabilities to Deal with Nuclear and Radioactive Materials out of Regulatory Control;

  6. 6..

    strengthening of States' Response and Resilience to Cyber Crime and Mitigating its Impact on National and Nuclear Security;

  7. 7..

    addressing the Security of Radioactive Sources by Source Repatriation;

  8. 8..

    Preventive and Protective Measures against Insider Threats and Nuclear Material Accounting and Control.

Project 1:Support for the implementation of the ACPPNM

The ACPPNM entered into force on 8 May 2016. It makes it legally binding for States to establish, implement and maintain an appropriate physical protection regime based on 12 fundamental principles, applicable to nuclear material and nuclear facilities under their jurisdiction in peaceful domestic use, storage and transport. The project will focus on implementation, capacity building and universalisation of the ACPPNM. It also makes it legally binding for States Parties to protect nuclear facilities and material in peaceful domestic use, storage as well as transport, and provides for expanded cooperation between and among States regarding rapid measures to locate and recover stolen or missing nuclear material, mitigates any radiological consequences of sabotage, and prevents and combats related offences.

Project purposes:

  • supporting the implementation of the ACPPNM;

  • strengthening the national legislative and regulatory framework, as well as the capacity of States to develop regional best practice exchanges, as they apply to any authority involved in security of nuclear materials either under regulatory control or out of regulatory control;

  • providing States with cost-effective means to assist them in fulfilling national, regional and international obligations, and in enacting binding and international legal instruments;

  • strengthening further international cooperation to establish, in conformity with the national law of each State and within the ACPPNM, effective measures for the physical protection of nuclear material and nuclear facilities.

Project description:

  • activities identified in INSSP in ten States relating to the implementation of obligations under the ACPPNM will be translated into concrete actions. Milestones to address the relevant issues leading to sustainable solutions for States to strengthen its national nuclear security regime will be defined. Agreed timelines and commitments will assure comprehensive implementation of the Plans;

  • revision of course material: new training exercises to be developed for a better audience understanding.

Expected results of the project:

  • increased capacity in States to meet their obligations under the ACPPNM;

  • start further development and enhancement of regulatory framework for physical protection;

  • develop a guidance document for use by States to develop national capacities on regulation, review and assessment and for inspecting nuclear facilities to ensure nuclear security during the life cycle of a nuclear facility.

IIREPORTING AND ASSESSMENT

The IAEA will submit to the HR and to the Commission two annual reports and a final financial and narrative report on the implementation of the projects, and in addition, three informal semestrial progress reports. Dedicated informal reports will be processed by the IAEA on relevant topics, when needed on request of the Commission.

The final financial and narrative report will review the detailed implementation of all projects and will also contain:

  • a comprehensive test report of the training built tool under point 2.2 of Chapter I to be incorporated in the final report;

  • a report on current status and recommendations for the legal and regulatory framework of the respective state in Project 3, in accordance with the confidentiality requested by the beneficiary State;

  • achievements under point 3.2 of Chapter I;

A copy of the reports will be sent to the Union Delegation in Vienna.

IIIPARTICIPATION OF NO COST EXPERTS COMING FROM EU MEMBER STATES

The active involvement of experts coming from Member States of the Union is necessary for the successful implementation of this Decision. The IAEA will make use of those experts for the projects. The IAEA will develop proposals for costs relating to staff to be funded from the Union contribution, based on a needs analysis once the list of beneficiaries is agreed. Those staff will be engaged under the IAEA's rules.

IVDURATION

The total estimated duration of the projects' implementation is 36 months.

VBENEFICIARIES

The beneficiary countries of the various projects will be taken from the following respective lists.

If States decide they are unable to take up the assistance, the IAEA will propose new recipients to CONOP based on needs identified through INSSP.

The beneficiaries of Project 1 will be in Africa: Algeria, Egypt, Mauritania, Niger, Morocco, Tunisia; in Asia and the Pacific: Malaysia, Pakistan and other States — to be determined, requesting IAEA support; in Latin America and the Caribbean: Argentina, Chile, Colombia, Cuba, Peru, Uruguay, and EU Neighbourhood States.

The beneficiaries of Project 2 will be Cuba, Indonesia, Jordan, Lebanon, Malaysia and Viet Nam.

The beneficiaries of Project 3 will be EU Neighbourhood States: Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Egypt, Georgia, Jordan, Lebanon, Libya, the former Yugoslav Republic of Macedonia, Mauritania, Republic of Moldova, Montenegro, Morocco, Tunisia, Turkey and Ukraine and countries in Latin and Central America: Bolivia, Chile, Colombia, Cuba, Ecuador, Honduras, Panama, Paraguay.

The beneficiaries of Project 4 will be Northern Africa, South — East Asia, Latin America, Nations/Regions in the beginning stages of developing nuclear power programmes and research reactor capabilities and — Viet Nam, Egypt, Turkey, Thailand, and others to be decided at a later stage.

The beneficiary of Project 5 will be Egypt.

The beneficiaries of Project 6 will be Belarus, Democratic Republic of Congo, Jamaica, Lebanon, Madagascar and Vietnam.

The beneficiaries of Project 7 will be selected from the following: Albania, Bahrain, Burkina Faso, the former Yugoslav Republic of Macedonia, Lebanon and Madagascar.

The beneficiaries of Project 8 will be Algeria, Albania, Bangladesh, Cuba, Georgia, Kazakhstan, Malaysia, Morocco, Ukraine, Vietnam, or other States to be decided at a later stage, requesting IAEA support in INSSP from Africa, Asia, Central and Latin America; Specific Hosting States: Germany, Austria.

VIEU VISIBILITY

IAEA shall take all appropriate measures to publicise the fact that the Action has been funded by the Union. Such measures will be carried out in accordance with the Commission Communication and Visibility Manual for EU External Actions laid down and published by the European Commission. The IAEA will thus ensure the visibility of the Union contribution with appropriate branding and publicity, highlighting the role of the Union, ensuring the transparency of its actions, and raising awareness of the reasons for the Decision as well as Union support for the Decision and the results of this support. Material produced by the project will prominently display the Union flag in accordance with Union guidelines for the accurate use and reproduction of the flag. Where appropriate, the IAEA will invite representatives of the Union and of the Member States of the Union to missions or events related to the implementation of this Decision.

VIIIMPLEMENTING AGENCY

The IAEA will be entrusted with the technical implementation of the projects. The projects will be implemented directly by staff of the IAEA, experts from the Members States and contractors. The implementation of the projects will be in accordance with the Financial and Administrative Framework Agreement and the financing agreement to be concluded between the European Commission and the IAEA.