REPORT on the proposal for a Council regulation establishing an Instrument for Nuclear Safety Cooperation
15.10.2012 - (COM(2011)0841 – C7‑0014/2012 – 2011/0414(CNS)) - *
Committee on Industry, Research and Energy
Rapporteur: Holger Krahmer
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Council regulation establishing an Instrument for Nuclear Safety Cooperation
(COM(2011)0841 – C7‑0014/2012 – 2011/0414(CNS))
(Special legislative procedure – consultation)
The European Parliament,
– having regard to the Commission proposal to the Council (COM(2011)0841),
– having regard to Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7‑0014/2012),
– having regard to Rule 55 of its Rules of Procedure,
– having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A7-0327/2012),
1. Approves the Commission proposal as amended;
2. Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020;
3. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe[1]:
4. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty;
5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
6. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;
7. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1 Proposal for a regulation Recital 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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(1a) This Regulation should lay down, for the entire duration of the instrument, a financial envelope constituting the prime reference, within the meaning of point [] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management, for the budgetary authority during the annual budgetary procedure. |
Amendment 2 Proposal for a regulation Recital 1 b (new) | |
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Text proposed by the Commission |
Amendment |
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(1b) Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the instrument while ensuring optimal use of financial resources. |
Amendment 3 Proposal for a regulation Recital 1 c (new) | |
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Text proposed by the Commission |
Amendment |
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(1c) It is important to ensure the sound financial management of the instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the instrument to all participants. |
Amendment 4 Proposal for a regulation Recital 3 | |
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Text proposed by the Commission |
Amendment |
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(3) The Chernobyl accident in 1986 highlighted the global importance of nuclear safety. The Fukushima Daiichi accident in 2011 confirmed the need to continue the efforts to improve nuclear safety to the highest standards. To create the conditions of safety necessary to eliminate hazards to the life and health of the public, the European Atomic Energy Community (the ‘Community’) should be able to support nuclear safety in third countries. |
(3) The Chernobyl accident in 1986 highlighted the global importance of nuclear safety. The Fukushima Daiichi accident in 2011 confirmed that nuclear risks are inherent in every reactor and that it is therefore necessary to continue the efforts to improve nuclear safety to achieve the highest standards that reflect state of the art practices, in particular in terms of governance and regulatory independence. As long as existing nuclear power stations remain in operation and new ones are being built, this instrument should aim to ensure that the level of nuclear safety in assisted countries reflects European safety standards, that such standards are upheld and that support for independent supervisory authorities is made a main priority. To create the conditions of safety necessary to eliminate hazards to the life and health of the public, the European Atomic Energy Community (the 'Community') should be able to support nuclear safety in third countries. |
Amendment 5 Proposal for a regulation Recital 4 | |
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Text proposed by the Commission |
Amendment |
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(4) By acting within common policies and strategies with its Member States, the European Union alone has the critical mass to respond to global challenges and is also best placed to coordinate the cooperation with third countries. |
(4) A number of countries around the world are considering or planning to build nuclear power plants, which brings about a wide range of challenges and the need for creating adequate nuclear safety cultures and governance systems. It is necessary to find ways of improving the safety and security of nuclear power plants being developed close to the Union's borders, in particular where there is a lack of political cooperation with the Union. In this regard, stress tests should be carried out in all Member States and third countries concerned in order to detect potential safety hazards and the necessary measures to correct them should be implemented immediately. By acting within common policies and strategies with its Member States and by cooperating with international and regional organisations, the European Union is well placed to respond to global challenges and to coordinate cooperation with third countries. Priority should be given to ensuring support from independent supervisory authorities and to supporting their regulators, as well as multilateral regional and international structures which can strengthen confidence and the application of standards through peer review mechanisms. In this regard, the European Parliament should be regularly informed by the Commission of the plans of third countries in the area of nuclear safety in accordance with this Directive . |
Amendment 6 Proposal for a regulation Recital 6 | |
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Text proposed by the Commission |
Amendment |
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(6) In order to maintain and promote the continuous improvement of nuclear safety and its regulation, the Council adopted Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for nuclear safety of nuclear installations. The Council also adopted Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste. These Directives and the high standards of nuclear safety and radioactive waste and spent fuel management implemented in the Union are examples that can be used to encourage third countries to adopt similar high standards. |
(6) In order to maintain and promote the continuous improvement of nuclear safety and its regulation, the Council adopted Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for nuclear safety of nuclear installations. The Commission Communication of 4 October 2012 on the comprehensive risk and safety assessments ("stress tests") of nuclear power plants in the European Union and related activities highlights the need to strengthen this framework. The Council also adopted Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste. These Directives and the high standards of nuclear safety and radioactive waste and spent fuel management implemented in the Union are examples that can be used to encourage third countries to adopt similar high standards, but are credible only if they are adequately transposed by all Member States. |
Amendment 7 Proposal for a regulation Recital 10 | |
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Text proposed by the Commission |
Amendment |
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(10) 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. |
(10) 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. The use of Union experts to assist third countries in the nuclear field is also important for maintaining a high level of expertise within the Union. |
Amendment 8 Proposal for a regulation Recital 12 a (new) | |
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Text proposed by the Commission |
Amendment |
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(12a) The new Framework Programme for Research and Innovation (2014-2020) (‘Horizon 2020’) and the Research and Training Programme of the European Atomic Energy Community (2014-2018) complementing Horizon 2020 pay particular attention to international cooperation and Union relations with third countries. In this regard, particular attention should be paid to the development of human resources. |
Amendment 9 Proposal for a regulation Recital 12 b (new) | |
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Text proposed by the Commission |
Amendment |
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(12b) Coherence, coordination and complementarity of Union assistance in the field of nuclear safety should be ensured by means of the individual efforts of Member States, as well as other international, regional and local organisations in order to avoid overlaps and double financing. |
Amendment 10 Proposal for a regulation Article 1 | |
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Text proposed by the Commission |
Amendment |
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Article 1 |
Article 1 |
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Subject matter and scope |
Subject matter and scope |
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The European Union shall finance measures to support 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, in line with the provisions of this Regulation. |
The European Union shall finance measures to support 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, in line with the provisions of this Regulation. This will ensure that nuclear material is used only for the civilian purposes for which it is intended. |
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1. The following specific objectives shall be pursued: |
1. The following specific objectives shall be pursued: |
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(a) promotion of an effective nuclear safety culture and implementation of the highest nuclear safety standards and radiation protection; |
(a) promotion of an effective nuclear safety culture and governance and implementation of the highest nuclear safety standards and radiation protection |
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(b)responsible and safe management of spent fuel and radioactive waste, decommissioning and remediation of former nuclear sites and installations; |
(b)responsible and safe management of spent fuel and radioactive waste, decommissioning and remediation of former nuclear sites and installations in third countries; |
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(c) establishment of frameworks and methodologies for the application of efficient and effective safeguards for nuclear material in third countries. |
(c) establishment of frameworks and methodologies for the application of efficient and effective safeguards for nuclear material in third countries. |
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2. The overall progress in achieving the above specific objectives shall be assessed, respectively, through the following performance indicators: |
2. The overall progress in achieving the above specific objectives shall be assessed, respectively, through the following performance indicators: |
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(a)number and importance of issues identified during relevant IAEA peer review missions; |
(a)number and importance of issues identified during relevant IAEA peer review missions; |
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(aa) the degree to which the assisted countries develop the highest nuclear safety standards which are similar to the levels required in the Union regarding technical, regulatory and operational respects; |
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(b)status of development of the spent fuel, nuclear waste and decommissioning strategies, the respective legislative and regulatory framework and implementation of projects; |
(b)status of development of the spent fuel, nuclear waste and decommissioning strategies, the number of and the scale of the remediation required in former nuclear sites and installations, the respective legislative and regulatory framework and implementation of projects; |
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(c) number and importance of issues identified in relevant IAEA nuclear safeguards reports. |
(c) number and importance of issues identified in relevant IAEA nuclear safeguards reports. |
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(ca) long-term impact on the environment; |
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3. The Commission shall ensure that the measures adopted are consistent with the Union's overall strategic policy framework for the partner country and in particular with the objectives of its development and economic cooperation policies and programmes. |
3. The Commission shall ensure that the measures adopted are consistent with the Union's overall strategic policy framework for the partner country and in particular with the objectives of its development and economic cooperation policies and programmes. |
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3a. The objectives set out in paragraph 1 above shall be achieved primarily through the following measures: |
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(a) support for regulatory bodies to ensure their independence, competence and development and for investment in human resources; |
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(b) support for measures to strengthen and implement the legislative framework; |
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(c) support for the design and implementation of safety assessment systems based on standards similar to those applied in the European Union; |
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(d) cooperation in the following areas: expertise, experience and skills development, accident management procedures and accident prevention, strategies for responsible and safe management of spent fuel and decommissioning strategies. |
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The measures shall include a substantial element of knowledge transfer (expertise sharing, support for both existing or new education and training programmes in the area of nuclear safety) in order to reinforce sustainability of the results achieved. |
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4. Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex. |
4. Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex. |
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5. The financial, economic and technical cooperation provided under this Regulation shall be complementary to that provided by the Union under other development cooperation instruments. |
5. The financial, economic and technical cooperation provided under this Regulation shall be complementary to that provided by the Union under other development cooperation instruments and the Framework Programme for Research and Innovation (2014 - 2020) (´Horizon 2020`) and the Research and Training programme of the European Atomic Energy Community (2014 - 2018) complementing Horizon 2020. |
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5a. In providing aid under this instrument priority shall be given to countries beneficiaries of the Instrument for Pre-Accession Assistance and the European Neighbourhood Instrument. |
Justification | |
Although nuclear safety is of major important for all countries and should be supported worldwide, your rapporteur is of the opinion that the primary focus of EU-aid should be related to its closest vicinity, namely countries beneficiaries of IPA and ENI instruments. | |
Amendment 11 Proposal for a regulation Article 2 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Strategy papers will aim at providing a coherent framework for cooperation between the Union and the partner countries or regions concerned, consistent with the overall purpose and scope, objectives, principles and policy of the Union. |
3. Strategy papers will aim at providing a coherent framework for cooperation between the Union, the Member States, and the partner countries or regions concerned, consistent with the overall purpose and scope, objectives, principles and external and internal policies of the Union. |
Amendment 12 Proposal for a regulation Article 2 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The strategy paper shall be approved by the Commission in accordance with the examination procedure referred to in Article 15(3) of the Common Implementing Regulation. Strategy papers may be reviewed at mid-term or whenever necessary in accordance with the same procedure. However, that procedure shall not be required for updates of the strategy which do not affect the initial priority areas and objectives set out in the paper. |
5. The strategy paper shall be approved by the Commission in accordance with the examination procedure referred to in Article 15(3) of the Common Implementing Regulation. Strategy papers must be reviewed at mid-term or whenever necessary in accordance with the same procedure. However, that procedure shall not be required for updates of the strategy which do not affect the initial priority areas and objectives set out in the paper, unless they have a financial impact above the thresholds defined in Article 2(2) of the Common Implementing Regulation. |
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The strategy paper must be presented to the European Parliament, which shall give its assessment at the mid-term review. |
Amendment 13 Proposal for a regulation Article 3 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, the performance indicators and the indicative financial allocations, both overall and per priority area, and including a reasonable reserve of unallocated funds; this may be given in the form of a range or a minimum, where appropriate. |
2. Multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, clear, specific and transparent performance indicators and indicative financial allocations, both overall and per priority area, and including a reasonable reserve of unallocated funds but without prejudice to the powers of the budgetary authority; this may be given in the form of either a range or a minimum, where appropriate. Multiannual indicative programmes shall set out rules to avoid duplication and to ensure the proper use of available funds. |
Amendment 14 Proposal for a regulation Article 3 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Multiannual indicative programmes shall, in principle, be based on a dialogue with the partner countries or region(s) which involves the stakeholders, so as to ensure that the country or region concerned takes sufficient ownership of the process and to encourage support for national development strategies. |
3. Multiannual indicative programmes shall, as far as possible, be based on a dialogue with the partner countries or region(s) which involves the stakeholders, so as to ensure that the country or region concerned takes sufficient ownership of the process and to encourage support for national development strategies. These multiannual indicative programmes shall take into account the IAEA work programme in the field of nuclear safety and waste management. |
Amendment 15 Proposal for a regulation Article 3 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The multi annual indicative programmes shall be revised as necessary, taking into account any review of the relevant strategy papers, in accordance with the same procedure. However, the examination procedure shall not be required for modifications to multiannual indicative programmes, which make technical adjustments, reassign funds within the allocations per priority area, or increase or decrease the size of the initial indicative allocation by less than 20%, provided that these modifications do not affect the initial priority areas and objectives set out in the document. Any such technical adjustments shall be communicated within one month to the European Parliament and to the Council. |
5. The multi annual indicative programmes shall be revised as necessary, taking into account any review of the relevant strategy papers, in accordance with the same procedure. However, the examination procedure shall not be required for modifications to multiannual indicative programmes, which make technical adjustments, reassign funds within the allocations per priority area, or increase or decrease the size of the initial indicative allocation within the relevant percentage limit set out in Article 2(2) of the Common Implementing Regulation, provided that these modifications do not affect the initial priority areas and objectives set out in the document. Any such technical adjustments shall be communicated within one month to the European Parliament and to the Council. |
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If the total amount of non-substantial amendments or their budgetary impact exceeds the thresholds for small-scale financing, as stipulated in Article 2(2) of the Common Implementing Regulation, the procedure referred to in Article 15(3) of that Regulation shall apply. |
Amendment 16 Proposal for a regulation Article 4 a (new) | |
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Text proposed by the Commission |
Amendment |
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Article 4 a |
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Reporting |
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1. The Commission shall review the progress achieved in implementing the measures taken pursuant to this Regulation and shall submit to the European Parliament and the Council a biannual report on the implementation of the cooperation assistance. |
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2. The report shall contain information relating to the previous two years on the measures financed, information on the results of monitoring and evaluation exercises and the implementation of budget commitments and payments, broken down by country, region and type of cooperation, as well as the plans of third countries in the area of nuclear safety. |
Amendment 17 Proposal for a regulation Article 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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Article 5a |
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Coherence and complementarity of Union assistance |
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1. In implementing this Regulation, coherence shall be ensured with other areas and instruments of the Union external action, as well as other relevant Union policies. |
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2. The Union and the Member States shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue in accordance with the established principles for strengthening operational coordination in the field of external support, and for harmonising policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle. |
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3. The Union shall, in liaison with the Member States, take the necessary steps to ensure proper coordination and cooperation with multilateral and regional organisations and entities, including, but not limited to, European financial institutions, international financial institutions, United Nations agencies, funds and programmes, private and political foundations and non-Union donors. |
Amendment 18 Proposal for a regulation Article 8 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. The financial reference amount for the implementation of this Regulation over the period 2014 to 2020 is EUR 631 100 000. |
1. The financial reference amount as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management for the implementation of this Regulation over the period 2014 to 2020 is EUR 631 100 000. |
Amendment 19 Proposal for a regulation Article 8 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual financial framework. |
2. Annual appropriations shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. |
Amendment 20 Proposal for a regulation Annex – Specific supported measures | |
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Text proposed by the Commission |
Amendment |
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Specific supported measures |
Specific supported measures |
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The following measures may be supported to fulfil the objectives set out in article 1 of this Regulation. |
The following measures may be supported to fulfil the objectives set out in article 1 of this Regulation. |
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(a) The promotion of an effective nuclear safety culture and implementation of the highest nuclear safety standards and radiation protection at all levels, in particular through: |
(a) The establishment and promotion of an effective nuclear safety culture and governance and implementation of the highest nuclear safety standards that reflect state of the art pratices and radiation protection at all levels, in particular through: |
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– continuous support for regulatory bodies, technical support organisations, and the reinforcement of the regulatory framework, notably concerning licensing activities, including the review and follow up of effective and comprehensive risk and safety assessments (‘stress tests’); |
– continuous support for regulatory bodies, technical support organisations, and the reinforcement of the regulatory framework, notably concerning licensing activities, including the review and the implementation of the necessary measures to ensure the highest level of safety in nuclear installations to a standard that reflects state of the art practices in the EU in technical, regulatory and operational respects; |
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– the promotion of effective regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and their safe disposal; |
– the promotion of effective and transparent regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and their safe disposal; |
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– promotion of effective nuclear safety governance systems, which guarantee the independence, responsibility and authority of the regulatory bodies as well as regional and international cooperation structures between such bodies; |
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– the establishment of effective arrangements for the prevention of accidents with radiological consequences as well as the mitigation of such consequences should they occur (for example, monitoring the environment in case of radioactive releases, design and implementation of mitigation and remediation activities), and for emergency-planning, preparedness and response, civil protection and rehabilitation measures. |
– the establishment of effective arrangements for the prevention of accidents with radiological consequences as well as the mitigation of such consequences should they occur (for example, monitoring the environment in case of radioactive releases, design and implementation of mitigation and remediation activities), and for emergency-planning, preparedness and response, civil protection and rehabilitation measures. |
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– support to nuclear operators, in exceptional cases, under specific and well justified circumstances in the framework of follow-up measures of the comprehensive safety and risk assessments (‘stress tests’); |
– cooperation with nuclear operators, in exceptional cases, under specific and well justified circumstances in the framework of follow-up measures of the comprehensive safety and risk assessments (‘stress tests’); |
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– promotion of information, education and professional training policies in the field of nuclear power and relating to the nuclear fuel cycle, nuclear waste management and radiation protection. |
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(b) Responsible and safe management of spent fuel and radioactive waste, decommission and remediation of former nuclear sites and installations, in particular through: |
(b) Responsible and safe management of spent fuel and radioactive waste, decommission and remediation of former nuclear sites and installations, in particular through: |
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– cooperation with third countries in the domain of spent nuclear fuel and radioactive waste management (i.e. transport, pre-treatment, treatment, processing, storage and disposal), including the development of specific strategies and frameworks for the responsible management of spent nuclear fuel and radioactive waste; |
– cooperation with third countries in the domain of spent nuclear fuel and radioactive waste management (i.e. transport, pre-treatment, treatment, processing, storage and disposal), including the development of specific strategies and frameworks for the responsible management of spent nuclear fuel and radioactive waste; |
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– the development and implementation of strategies and frameworks for decommissioning existing installations, for the remediation of former nuclear sites and legacy sites related to uranium mining, and for the recovery and management of sunken radioactive objects and material at sea; |
– the development and implementation of strategies and frameworks for decommissioning existing installations, for the remediation of former nuclear sites and legacy sites related to uranium mining, and for the recovery and management of sunken radioactive objects and material at sea; |
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– The establishment of the necessary regulatory framework and methodologies (including nuclear forensics methods) for the implementation of nuclear safeguards, including for the proper accounting and control of fissile materials at State and operators' level; |
– The establishment of the necessary regulatory framework and methodologies (including nuclear forensics methods) for the implementation of nuclear safeguards, including for the proper accounting and control of fissile materials at State and operators' level; |
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– Measures to promote international cooperation (including in the framework of relevant international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information, capacity building and training in the area of nuclear safety and research. |
– Measures to promote international cooperation (including in the framework of relevant regional and international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information, capacity building and training in the area of nuclear safety and research. |
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(ba) Assistance for ensuring a high level of competence and expertise of regulators, technical support organisations and operators (without distortion of competition) in the fields covered by this Regulation, in particular through : |
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– continuous support for the education and training of the staff of regulatory bodies, technical support organisations and nuclear operators (without distortion of competition); |
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– promoting the development of adequate training facilities. |
Amendment 21 Proposal for a regulation Annex – Criteria – - 1. General criteria | |
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Text proposed by the Commission |
Amendment |
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1. General criteria |
1. General criteria |
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– Cooperation may cover all ‘third countries’ (non-EU Member States) worldwide. |
– Cooperation should cover all ‘third countries’ (non-EU Member States) in accordance with the objectives set out in Article 1 of this Regulation. |
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– Priority will be given to Accession Countries and countries in the European Neighbourhood region. Regional approaches will be favoured. |
– Priority will be given to Accession Countries and countries in the European Neighbourhood region. Regional approaches will be favoured. |
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– High income countries should be included only in order to allow exceptional measures to be undertaken, for example following a major nuclear accident, if necessary and appropriate. |
– High income countries should be included only in order to allow exceptional measures to be undertaken, for example following a major nuclear accident, if necessary and appropriate. For the purpose of this Regulation, 'high income countries' means the countries and territories listed in Annex I to Council Regulation (EC) No 1934/20061 |
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– A common understanding and a reciprocal agreement between the third country and the European Union should be confirmed through a formal request to the Commission, committing the respective Government. |
– A common understanding and a reciprocal agreement between the third country and the European Union should be confirmed through a formal request to the Commission, committing the respective Government. |
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– Third countries wishing to cooperate with the European Union 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 and security or have taken steps demonstrating a firm undertaking to accede to such conventions. Cooperation with the European Union could be made conditional on accession or the completion of steps towards accession to the relevant conventions. In cases of emergency, flexibility should, exceptionally, be shown in the application of this principle. |
– Third countries wishing to cooperate with the European Union 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 and security or have taken steps demonstrating a firm undertaking to accede to such conventions. Cooperation with the European Union should be made conditional on accession to the relevant conventions and their implementation. In cases of emergency, flexibility should, exceptionally, be shown in the application of this principle, if a failure to take action would be likely to increase the risks for the Union and its citizens. |
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– In order to ensure and monitor compliance with the cooperation objectives, the third country beneficiary must accept the principle of evaluation of the actions undertaken. Evaluation would make it possible to monitor and verify compliance with the agreed objectives and could be a condition for continued payment of the Community contribution. |
– In order to ensure and monitor compliance with the cooperation objectives, the third country beneficiary must accept the principle of evaluation of the actions undertaken. Verifiable and continued compliance with the agreed objectives should be a condition for continued payment of the Community contribution. |
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– Cooperation in the fields of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy. |
– Cooperation in the fields of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy or extending the lifetime of existing nuclear power plants. |
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1 Council Regulation (EC) No 1934/2006 of 21 December 2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories, and with developing countries falling within the scope of Regulation (EC) No 1905/2006 of the European Parliament and of the Council, for activities other than official development assistance (OJ L 405, 30.12.2006). |
Amendment 22 Proposal for a regulation Annex – Criteria – 2. Countries with installed nuclear generating capacity - paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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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 budget and on 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 which have already benefited from Community financing, additional cooperation should depend on the evaluation of actions funded by the Community budget and on 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. The Union should encourage regional cooperation and peer review mechanisms. |
Amendment 23 Proposal for a regulation Annex – Criteria – 3. Countries without installed nuclear generating capacity – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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In the case of countries that wish to develop nuclear generating capacity, whether or not they have research reactors and for which the issue arises of intervention at the appropriate moment to ensure that a nuclear safety and security 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 will 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. |
In the case of countries that wish to develop nuclear generating capacity, whether or not they have research reactors and for which the issue arises of intervention at the appropriate moment to ensure that a nuclear safety and security culture is fostered in parallel with the development of the nuclear generating programme, especially as regards strengthening nuclear safety governance, and the independence and capacity of the regulatory authorities and technical support organisations. Cooperation will 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. |
Amendment 24 Proposal for a regulation Annex – Priorities – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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In order to create the safety conditions necessary to eliminate hazards to the life and health of the public, and to ensure that nuclear materials are not diverted to purposes other than those for which they are intended, cooperation is directed primarily at the nuclear regulators (and their technical support organisations). The objective is to ensure their technical competence and independence and the reinforcement of the regulatory framework, notably concerning licensing activities, including the review and follow up of effective and comprehensive risk and safety assessments (‘stress tests’). |
Under this instrument, cooperation is directed primarily at the nuclear regulators (and their technical support organisations), with the objective of ensuring their technical competence and independence and the reinforcement of the regulatory framework, notably concerning licensing activities, including the review and follow up of effective and comprehensive risk and safety assessments (‘stress tests’). This should create the safety conditions necessary to eliminate hazards to the life and health of the public, and to ensure that nuclear materials are not diverted to purposes other than those for which they are intended. |
Amendment 25 Proposal for a regulation Annex – Priorities – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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Other priorities of the cooperation programmes to be developed in the context of this Regulation include: |
Other priorities of the cooperation programmes to be developed in the context of this Regulation include: |
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- licensing activities; |
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– the development and implementation of responsible strategies and frameworks for the responsible and safe management of spent fuel and radioactive waste; |
- the development and implementation of responsible strategies and frameworks for the responsible and safe management of spent fuel and radioactive waste; |
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– 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. |
- 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; |
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- ensuring that nuclear materials are not diverted to purposes other than those for which they are intended. |
Justification | |
As also acknowledged by the EESC opinion (23 May 2012) "The INSC proposal states that the goal of INSC is to eliminate nuclear risk but it should be noted that, technically, as with the elimination of risk in any complex industrial process, achieving this goal cannot be guaranteed, especially not the prevention of catastrophic nuclear accident. [...] It should also be noted that a belief that risk has been eliminated in any process does not encourage a high-level safety culture." | |
Amendment 26 Proposal for a regulation Annex – Priorities – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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Cooperation with operators of nuclear installations in third countries will be considered in specific situations in the framework of follow-up measures of the 'stress tests'. Such cooperation with nuclear installations operators will exclude supply of equipment. |
Cooperation with operators of nuclear installations in third countries will be considered in specific situations in the framework of follow-up measures of the 'stress tests'. Such cooperation with nuclear installations operators will exclude supply of equipment, and other activities or assistance that could and should be purchased on a commercial basis by the operator in order to meet regulatory safety standards. |
Justification | |
The EU should not subsidise nuclear operators in foreign countries. | |
- [1] Texts adopted, P7_TA(2011)0266.
OPINION of the Committee on Budgets (16.7.2012)
for the Committee on Industry, Research and Energy
on the proposal for a Council regulation on establishing an Instrument for Nuclear Safety Cooperation
(COM(2011)0841 – C7‑0014/2012 – 2011/0414(CNS))
Rapporteur: Jan Kozłowski
SHORT JUSTIFICATION
As a response to global challenges and the need for internationally coordinated action in the field of nuclear safety, the Commission presented its proposal for a European Instrument for Nuclear Safety Cooperation (INSC) for the 2014 – 2020 Multiannual Financial Framework. The new instrument will build on the existing framework for nuclear cooperation that EU has been developing gradually since the 1990s.
The instrument aims to ensure sufficient means for the Union to promote human and strategic security, by means of responding to challenges in the field of nuclear safety, radiation protection and nuclear safeguards in all third countries. Furthermore, the INSC will in fact translate externally some of the objectives of Europe 2020 through the promotion of regulatory and other forms of cooperation with emerging economies, and the exchange of best practices and standards.
As nuclear challenges change dynamically, and some of the previous EU project in the field of nuclear safety will soon become obsolete (such as the remediation of the Chernobyl site), resources will be directed towards slightly different objectives in the next MFF. The new programming priorities for 2014 – 2020 will thus be remediation of mining sites, proper disposal of spent fuel, waste management and decommissioning of installations. Intervention will also switch from technical assistance to cooperation and EU know-how sharing with third countries, including in the field of design, operation, maintenance and regulation of nuclear power plants.
Budgetary implications
The Commission proposal for overall allocation for 2014 – 2020 for the Instrument for Nuclear Safety Cooperation shows a 5,8 % growth in constant 2011 prices (from EUR 529 mln. in the current MFF to EUR 560 mln. in the next MFF).
EU money will be disbursed through multiannual strategy papers and indicative programmes, where priorities for financing and the specific objectives will be enshrined.
Shortcomings of the current proposal:
The Commission proposal for a Regulation is an achievement in making the instrument more transparent, flexible and simplified. Being subject to the Common Implementing Regulation covering all instruments for external action, legal certainty for beneficiaries of the INSC will be improved and rules will be harmonized.
Despite the proposed improvements, your Rapporteur would like to emphasize on the need to ensure better coordination, consistency and complementarity of efforts in the field of nuclear safety on EU and national levels, but also with other international, local and regional organisations, in order to avoid overlaps and maximise the effects of financing.
In times of economic hardship further improvement of the sound financial management and the best possible use of EU financial resources should be sought.
Without undermining the importance of nuclear safety, your Rapporteur would like to reiterate the significance of this industry as an important source of energy. Therefore, he would like to emphasize the need to maintain its economic development, while respecting fully the highest safety standards in the production of nuclear energy.
Last but not least, your Rapporteur would like to point out the importance of providing priority access to the funding available under this instrument to candidate, potential candidate and ENI beneficiaries, especially in view of the fact that 1 candidate, 1 potential candidate and 9 neighbourhood countries have or are planning the construction of research and production nuclear reactors.
AMENDMENTS
The Committee on Budgets calls on the Committee on Industry, Research and Energy, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Draft legislative resolution Paragraph 1 a (new) | |
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Draft legislative resolution |
Amendment |
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1a. Points out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020; |
Amendment 2 Draft legislative resolution Paragraph 1 b (new) | |
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Draft legislative resolution |
Amendment |
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1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that, sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; points out that even with an increase in the level of resources for the next MFF of at least 5% compared to the 2013 level only a limited contribution can be made to the achievement of the Union's agreed objectives and commitments and the principle of Union solidarity; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value; |
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1 Texts adopted, P7_TA(2011)0266. |
Amendment 3 Proposal for a regulation Recital 1 a (new) | |
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Text proposed by the Commission |
Amendment |
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(1a) This Regulation should lay down, for the entire duration of the instrument, a financial envelope constituting the prime reference, within the meaning of point [] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management, for the budgetary authority during the annual budgetary procedure. |
Amendment 4 Proposal for a regulation Recital 1 b (new) | |
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Text proposed by the Commission |
Amendment |
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(1b) Improving implementation and quality of spending should constitute guiding principles for achieving the objectives of the instrument while ensuring optimal use of the financial resources. |
Amendment 5 Proposal for a regulation Recital 1 c (new) | |
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Text proposed by the Commission |
Amendment |
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(1c) It is important to ensure sound financial management of the instrument and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the instrument to all participants. |
Amendment 6 Proposal for a regulation Recital 4 | |
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Text proposed by the Commission |
Amendment |
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(4) By acting within common policies and strategies with its Member States, the European Union alone has the critical mass to respond to global challenges and is also best placed to coordinate the cooperation with third countries. |
(4) By acting within common policies and strategies with its Member States, the European Union alone has the critical mass to respond to global challenges and is also best placed to coordinate the cooperation with third countries in the field of nuclear safety. |
Amendment 7 Proposal for a regulation Recital 12 a (new) | |
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Text proposed by the Commission |
Amendment |
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(12a) Coherence, coordination and complementarity of Union assistance in the field of nuclear safety should be ensured with the individual efforts of Member States, as well as other international, regional and local organisations in order to avoid overlaps and double financing. |
Amendment 8 Proposal for a regulation Article 1 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. The Commission shall ensure that the measures adopted are consistent with the Union's overall strategic policy framework for the partner country and in particular with the objectives of its development and economic cooperation policies and programmes. |
3. The Commission shall ensure that the measures adopted are consistent with the Union's internal and external policies, the overall strategic policy framework for the partner country and in particular with the objectives of its development and economic cooperation policies and programmes. |
Amendment 9 Proposal for a regulation Article 1 – paragraph 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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5a. The aid provided under this Instrument shall be made available with priority to countries beneficiaries of the Instrument for Pre-Accession Assistance (IPA II) and the European Neighbourhood Instrument (ENI). |
Justification | |
Although nuclear safety is of major important for all countries and should be supported worldwide, your rapporteur is of the opinion that the primary focus of EU-aid should be related to its closest vicinity, namely countries beneficiaries of IPA and ENI instruments. | |
Amendment 10 Proposal for a regulation Article 2 – paragraph 3 | |
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Text proposed by the Commission |
Amendment |
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3. Strategy papers will aim at providing a coherent framework for cooperation between the Union and the partner countries or regions concerned, consistent with the overall purpose and scope, objectives, principles and policy of the Union. |
3. Strategy papers will aim at providing a coherent framework for cooperation between the Union and the partner countries or regions concerned, consistent with the overall purpose and scope, objectives, principles and external and internal policies of the Union. |
Amendment 11 Proposal for a regulation Article 2 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The strategy paper shall be approved by the Commission in accordance with the examination procedure referred to in Article 15(3) of the Common Implementing Regulation. Strategy papers may be reviewed at mid-term or whenever necessary in accordance with the same procedure. However, that procedure shall not be required for updates of the strategy which do not affect the initial priority areas and objectives set out in the paper. |
5. The strategy paper shall be approved by the Commission in accordance with the examination procedure referred to in Article 15(3) of the Common Implementing Regulation. Strategy papers may be reviewed at mid-term or whenever necessary in accordance with the same procedure. However, that procedure shall not be required for updates of the strategy which do not affect the initial priority areas and objectives set out in the paper, unless they have a financial impact above the thresholds defined in Article 2(2) of the Common Implementing Regulation. |
Amendment 12 Proposal for a regulation Article 3 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, the performance indicators and the indicative financial allocations, both overall and per priority area, and including a reasonable reserve of unallocated funds; this may be given in the form of a range or a minimum, where appropriate. |
2. Multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, clear, specific and transparent performance indicators and the indicative financial allocations, both overall and per priority area, and including a reasonable reserve of unallocated funds without prejudice to the powers of the budgetary authority; this may be given in the form of a range or a minimum, where appropriate. |
Amendment 13 Proposal for a regulation Article 3 – paragraph 5 | |
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Text proposed by the Commission |
Amendment |
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5. The multi annual indicative programmes shall be revised as necessary, taking into account any review of the relevant strategy papers, in accordance with the same procedure. However, the examination procedure shall not be required for modifications to multiannual indicative programmes, which make technical adjustments, reassign funds within the allocations per priority area, or increase or decrease the size of the initial indicative allocation by less than 20%, provided that these modifications do not affect the initial priority areas and objectives set out in the document. Any such technical adjustments shall be communicated within one month to the European Parliament and to the Council. |
5. The multi annual indicative programmes shall be revised as necessary, taking into account any review of the relevant strategy papers, in accordance with the same procedure. However, the examination procedure shall not be required for modifications to multiannual indicative programmes, which make technical adjustments, reassign funds within the allocations per priority area, or increase or decrease the size of the initial indicative allocation within the relevant percentage limit set out in Article 2(2) of the Common Implementing Regulation, provided that these modifications do not affect the initial priority areas and objectives set out in the document. Any such technical adjustments shall be communicated within one month to the European Parliament and to the Council. |
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If the total amount of non-substantial amendments or their budgetary impact exceeds the thresholds for small-scale financing, as stipulated in Article 2(2) of the Common Implementing Regulation, the procedure referred to in Article 15(3) of that Regulation shall apply. |
Amendment 14 Proposal for a regulation Article 5 a (new) | |
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Text proposed by the Commission |
Amendment |
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Article 5a |
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Coherence and complementarity of Union assistance |
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1. In implementing this Regulation, coherence shall be ensured with other areas and instruments of the Union external action, as well as other relevant Union policies. |
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2. The Union and the Member States shall coordinate their respective support programmes with the aim of increasing the effectiveness and efficiency in the delivery of support and policy dialogue in line with the established principles for strengthening operational coordination in the field of external support, and for harmonizing policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle. |
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3. The Union shall, in liaison with the Member States, take the necessary steps to ensure proper coordination and cooperation with multilateral and regional organisations and entities, including, but not limited to European financial institutions, international financial institutions, United Nations agencies, funds and programmes, private and political foundations and non-Union donors. |
Amendment 15 Proposal for a regulation Article 8 – paragraph 1 | |
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Text proposed by the Commission |
Amendment |
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1. The financial reference amount for the implementation of this Regulation over the period 2014 to 2020 is EUR 631 100 000. |
1. The financial reference amount as defined in point [17] of the Interinstitutional Agreement of XX/201Z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management for the implementation of this Regulation over the period 2014 to 2020 is EUR 631 100 000. |
Amendment 16 Proposal for a regulation Article 8 – paragraph 2 | |
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Text proposed by the Commission |
Amendment |
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2. Annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual financial framework. |
2. Annual appropriations shall be authorised by the budgetary authority without prejudice to the provisions of the Regulation laying down the multiannual financial framework for the years 2014-2020 and the Interinstitutional Agreement of xxx/201z between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management. |
PROCEDURE
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Title |
Instrument for Nuclear Safety Cooperation |
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References |
COM(2011)0841 – C7-0014/2012 – 2011/0414(CNS) |
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Committee responsible Date announced in plenary |
ITRE 19.1.2012 |
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Opinion by Date announced in plenary |
BUDG 19.1.2012 |
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Rapporteur Date appointed |
Jan Kozłowski 15.2.2012 |
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Date adopted |
12.7.2012 |
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Result of final vote |
+: –: 0: |
27 4 2 |
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Members present for the final vote |
Marta Andreasen, Richard Ashworth, Zuzana Brzobohatá, Jean Louis Cottigny, Jean-Luc Dehaene, Isabelle Durant, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Lucas Hartong, Jutta Haug, Anne E. Jensen, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Barbara Matera, Claudio Morganti, Juan Andrés Naranjo Escobar, Nadezhda Neynsky, Dominique Riquet, Alda Sousa, Helga Trüpel, Derek Vaughan, Angelika Werthmann |
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Substitute(s) present for the final vote |
Alexander Alvaro, Bendt Bendtsen, Gerben-Jan Gerbrandy, Lidia Joanna Geringer de Oedenberg, Jutta Steinruck, Nils Torvalds |
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Substitute(s) under Rule 187(2) present for the final vote |
Leonardo Domenici |
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PROCEDURE
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Title |
Instrument for Nuclear Safety Cooperation |
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References |
COM(2011)0841 – C7-0014/2012 – 2011/0414(CNS) |
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Date of consulting Parliament |
16.1.2012 |
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Committee responsible Date announced in plenary |
ITRE 19.1.2012 |
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Committee(s) asked for opinion(s) Date announced in plenary |
BUDG 19.1.2012 |
ENVI 19.1.2012 |
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Not delivering opinions Date of decision |
ENVI 20.12.2011 |
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Rapporteur(s) Date appointed |
Holger Krahmer 14.2.2012 |
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Discussed in committee |
11.7.2012 |
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Date adopted |
9.10.2012 |
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Result of final vote |
+: –: 0: |
47 6 0 |
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Members present for the final vote |
Amelia Andersdotter, Jean-Pierre Audy, Zigmantas Balčytis, Ivo Belet, Bendt Bendtsen, Maria Da Graça Carvalho, Jürgen Creutzmann, Pilar del Castillo Vera, Christian Ehler, Adam Gierek, Norbert Glante, András Gyürk, Fiona Hall, Jacky Hénin, Romana Jordan, Krišjānis Kariņš, Lena Kolarska-Bobińska, Philippe Lamberts, Bogdan Kazimierz Marcinkiewicz, Angelika Niebler, Jaroslav Paška, Vittorio Prodi, Miloslav Ransdorf, Teresa Riera Madurell, Michèle Rivasi, Amalia Sartori, Salvador Sedó i Alabart, Francisco Sosa Wagner, Britta Thomsen, Patrizia Toia, Evžen Tošenovský, Catherine Trautmann, Ioannis A. Tsoukalas, Claude Turmes, Marita Ulvskog, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras |
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Substitute(s) present for the final vote |
Maria Badia i Cutchet, Ioan Enciu, Gunnar Hökmark, Yannick Jadot, Ivailo Kalfin, Sajjad Karim, Seán Kelly, Holger Krahmer, Zofija Mazej Kukovič, Vladko Todorov Panayotov, Markus Pieper, Peter Skinner |
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Substitute(s) under Rule 187(2) present for the final vote |
John Stuart Agnew, Anne E. Jensen, Ramona Nicole Mănescu |
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Date tabled |
16.10.2012 |
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