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COUNCIL REGULATION (EURATOM) No 237 / 2014 15.3.2014 EN Official Journal of the European Union L 77/109 II (Non-legislative acts) REGULATIONS COUNCIL REGULATION (EURATOM) No 237/2014 of 13 December 2013 establishing an Instrument for Nuclear Safety Cooperation THE COUNCIL OF THE EUROPEAN UNION, Community should be able to support nuclear safety in third countries. Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof, (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 Having regard to the proposal from the European Commission, coordinate cooperation with third countries. Having regard to the opinion of the European Parliament (1), (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), Whereas: the Community also acceded to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. (1) The Instrument for Nuclear Safety Cooperation, estab­ lished by Council Regulation (Euratom) No 300/2007 (2), constitutes one of the instruments providing direct (6) In order to maintain and promote the continuous support for the external policies of the European Union improvement of nuclear safety and its regulation, the and the European Atomic Energy Community. 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 Com­ (2) The Union is a major provider of economic, financial, munity are examples to be used in order to encourage technical, humanitarian and macroeconomic assistance to third countries to adopt similar high standards. third countries. This Regulation forms part of the frame­ work devised for the planning of cooperation and the provision of assistance aimed at supporting the promo­ tion of a high level of nuclear safety, radiation protection (7) The promotion of regulatory and other forms of coop­ and the application of efficient and effective safeguards of eration with emerging economies and the promotion of nuclear material in third countries. Union approaches, rules, standards and practices are external policy objectives of the Europe 2020 strategy. (3) The Chernobyl accident in 1986 highlighted the global (3) Commission Decision 1999/819/Euratom of 16 November 1999 importance of nuclear safety. The Fukushima Daiichi acci­ concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (OJ L 318, 11.12.1999, dent in 2011 confirmed the need for continued efforts to p. 20). improve nuclear safety and reach the highest standards. (4) Commission Decision 2005/510/Euratom of 14 June 2005 concerning To create the conditions of safety necessary in order to the accession of the European Atomic Energy Community to the ‘Joint eliminate hazards to the life and health of the public, the 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 (1) Opinion of 19 November 2013 (Not yet published in the Official Community framework for nuclear safety of nuclear installations Journal). (OJ L 172, 2.7.2009, p. 18). (2) Council Regulation (Euratom) No 300/2007 of 19 February 2007 (6) Council Directive 2011/70/Euratom of 19 July 2011 establishing a establishing an Instrument for Nuclear Safety Cooperation (OJ L 81, Community framework for the responsible and safe management of 22.3.2007, p. 1). spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48). L 77/110 EN Official Journal of the European Union 15.3.2014 (8) The Community Member States are signatory parties of (16) In order to ensure uniform conditions for the implemen­ the Non Proliferation Treaty and the Additional Protocol. tation of this Regulation, implementing powers should be conferred on the Commission. (9) The Community already pursues close cooperation, in accordance with Chapter 10 of the Treaty establishing (17) The implementing powers relating to the programming the European Atomic Energy Community (‘Euratom and financing of the actions supported under this Regu­ Treaty’), with the International Atomic Energy Agency lation, should be exercised in accordance with Regulation 1 (IAEA), both in relation to nuclear safeguards, in further­ (EU) No 182/2011 ( ), which is to apply for the purpose ance of the objectives of Chapter 7 of Title Two of the of this Regulation, notwithstanding the fact that it does Euratom Treaty, and in relation to nuclear safety. 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 adop­ (10) There are a number of international organisations and tion, except for technical implementing measures on a programmes pursuing objectives similar to those of this small financial scale. The Commission should adopt Regulation, such as the IAEA, Organisation for Economic immediately applicable implementing acts where, in duly Cooperation and Development/Nuclear Energy Agency justified cases relating to a nuclear or radiological acci­ (OECD/NEA), European Bank of Reconstruction and dent, including accidental exposure, the need for a swift Development (EBRD) and the Northern Dimension Envir­ response from the Community to mitigate its conse­ onmental Partnership (NDEP). quences or imperative grounds of urgency so require. (11) There is a particular need for the Community to continue (18) The rules and procedures laid down in Regulation (EU) its efforts in support of the application of effective safe­ No 236/2014 of the European Parliament and of the guards of nuclear material in third countries, building on Council (2), should apply for the implementation of this its own safeguard activities within the Union. Regulation, as appropriate. (12) In the application of this Regulation, the Commission (19) The Union and the Community continue to be served by should consult the European Nuclear Safety Regulators a single institutional framework. It is therefore essential Group (ENSREG) prior to the elaboration and adoption to ensure consistency between the external action of of the strategy paper and multiannual indicative both. The European External Action Service is to be programmes. The action programmes should be based on involved, where appropriate, in the programming of consultation, where relevant, with the national regulatory this instrument, in accordance with Council Deci­ bodies of the Member States, and on a dialogue with the sion 2010/427/EU (3). partner countries. (20) The Union should seek the most efficient use of available resources in order to optimise the impact of its external (13) The measures supporting the objectives of this Regu­ action. This should be achieved through coherence and lation should also be supported by exploiting further complementarity between Instruments for external synergies with the direct and indirect actions of the action, as well as the creation of synergies between this Euratom Framework Programmes in nuclear research and Instrument, other Instruments for external action and training. other policies of the Union. This should further entail mutual reinforcement of the programmes devised under these Instruments. (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. (21) This Regulation replaces Regulation (Euratom) No 300/2007, which expires on 31 December 2013. (1) Regulation (EU) No 182/2011 of the European Parliament and of the (15) While Union external assistance has increasing financing Council of 16 February 2011 laying down the rules and general princi­ needs, the economic and budgetary situation of the ples concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, Union limits the resources available for such assistance. p. 13). The Commission should therefore seek the most efficient (2) Regulation (EU) No 236/2014 of the European Parliament and of the use of available resources through, in particular, the use Council of 11 March 2014 establishing common rules and procedures of financial instruments with leverage effect. Such for the implementation of the Union's instruments for external action (see page 95 of this Official Journal). leverage effect is increased by allowing the possibility to (3) Council Decision 2010/427/EU of 26 July 2010 establishing the orga­ use and re-use the funds invested and generated by those nisation and functioning of the European External Action Service financial instruments. (OJ L 201, 3.8.2010, p. 30). 15.3.2014 EN Official Journal of the European Union L 77/111 HAS ADOPTED THIS REGULATION: (d) establishment of effective arrangements for the prevention of accidents with radiological consequences, including acci­ dental exposure, as well as the mitigation of such conse­ quences should they occur, for example, monitoring the TITLE I environment in case of radioactive releases, design and implementation of mitigation and remediation activities and cooperation with national and international organisations in GENERAL PROVISIONS the case of accidental exposure, and for emergency-planning, preparedness and response, civil protection and rehabilita­ Article 1 tion measures; General objective (e) support for ensuring safety of nuclear installations and sites The Union shall finance measures to support the promotion of regarding practical protective measures designed to reduce a high level of nuclear safety, radiation protection, and the appli­ existing radiation risks to the health of workers and of the cation of efficient and effective safeguards of nuclear material in general public. third countries, in line with the provisions of this Regulation and the Annex thereto.
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