European Parliament 2014-2019 Committee on Foreign Affairs 2018/0245(NLE) 17.10.2018 AMDMTS 11-51 Draft opinion Petras Auštrevičius (PE627.713v03-00) Establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty (COM(2018)0462 C8-0315/2018 2018/0245(NLE)) AM\1166120.docx PE629.433v01-00 United in diversity
AM_Com_LegOpinion PE629.433v01-00 2/22 AM\1166120.docx
11 Fabio Massimo Castaldo Recital 3 (3) The objective of the present Programme "European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty" should be to promote the establishment of effective and efficient nuclear safety, radiation protection, and the application of efficient and effective safeguards of nuclear materials in third countries, building on its own activities within the Union. (3) The objective of the present Programme "European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty" should be to promote the establishment of effective and efficient nuclear safety, radiation protection, and the application of efficient and effective safeguards of nuclear materials in third countries, building on its own activities within the Union and bearing in mind too the threat posed by nuclear and radiological terrorism and the necessity of taking action on the counterproliferation plan. Or. it 12 Sabine Lösing Recital 3 (3) The objective of the present Programme "European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty" should be to promote the establishment of effective and efficient nuclear safety, radiation protection, and the application of efficient and effective safeguards of nuclear materials in third countries, building on its own activities within the Union. (3) The objective of the present Programme "European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty" should be to promote the establishment of effective and efficient nuclear safety, denuclearisation initiatives and programmes, nuclear power phase-out strategies, radiation protection, and the application of efficient and effective safeguards of nuclear materials in third AM\1166120.docx 3/22 PE629.433v01-00
Justification countries, building on its own activities within the Union. Stresses that the best way to guarantee nuclear safety would be a complete international denuclearization and to abandon atomic energy once and for all, as its civilian use bears great dangers on its own and since it cannot be excluded that civilian nuclear technology will not be used for military purposes. 13 Fabio Massimo Castaldo Recital 3 a (new) (3a) The illegal trade in nuclear and radiological materials constitutes a very dangerous threat to the public and the effects of any terrorist attacks of this kind would be potentially devastating. Or. it 14 Clare Moody Recital 3 a (new) (3 a) Secondary objectives of the Programme should include financing a just transition for the former employees and local communities facing unemployment as a result of a the decommissioning of unsafe nuclear sites. PE629.433v01-00 4/22 AM\1166120.docx
15 Fabio Massimo Castaldo Recital 3 b (new) (3b) The both vertical and horizontal proliferation of nuclear weapons now possible in the European Neighbourhood represents a threat to the security balance in both Europe and the neighbouring regions. The European Union should contribute as far as possible to monitoring and discouraging not only proliferation of this kind but also all kinds of trafficking in radioactive sources in neighbouring regions. Or. it 16 Laima Liucija Andrikienė Recital 6 (6) The Community should continue its close cooperation, in accordance with Chapter 10 of the Euratom Treaty with the International Atomic Energy Agency (IAEA), in relation to nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II. (6) The Community should continue its close cooperation, in accordance with Chapter 10 of the Euratom Treaty with the International Atomic Energy Agency (IAEA), in relation to nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II. The Instrument should also promote international cooperation based on conventions on nuclear safety and radioactive waste management. 17 Fabio Massimo Castaldo AM\1166120.docx 5/22 PE629.433v01-00
Recital 6 (6) The Community should continue its close cooperation, in accordance with Chapter 10 of the Euratom Treaty with the International Atomic Energy Agency (IAEA), in relation to nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II. (6) The Community should continue its close cooperation, in accordance with Chapter 10 of the Euratom Treaty with the International Atomic Energy Agency (IAEA), NATO and the national authorities of the Member States, in relation to nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II. Or. it 18 Rebecca Harms on behalf of the Verts/ALE Group Recital 7 (7) This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014 24 concerning nuclear safety and nuclear safeguards in third countries, in particular in acceding countries, candidate countries and potential candidates. 24 Council Regulation (Euratom) No 237/2014 of 13 December 2013 establishing an Instrument for Nuclear Safety Cooperation (OJ L 77 15.3.2014 p 109.) (7) This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014 24 concerning nuclear safety, safe management of radioactive waste, safe decommissioning and remediation of former nuclear-related sites and nuclear safeguards in third countries, in particular in acceding countries, candidate countries and potential candidates, as well as in the Neighbourhood area within the meaning of [Regulation NDICI] ('the Neighbourhood area'). 24 Council Regulation (Euratom) No 237/2014 of 13 December 2013 establishing an Instrument for Nuclear Safety Cooperation (OJ L 77 15.3.2014 p 109.) PE629.433v01-00 6/22 AM\1166120.docx
19 Laima Liucija Andrikienė Recital 7 (7) This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014 24 concerning nuclear safety and nuclear safeguards in third countries, in particular in acceding countries, candidate countries and potential candidates. 24 Council Regulation (Euratom) No 237/2014 of 13 December 2013 establishing an Instrument for Nuclear Safety Cooperation (OJ L 77 15.3.2014 p 109.) (7) This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014 24 concerning nuclear safety and nuclear safeguards in third countries, in particular in acceding countries, candidate countries, potential candidates and neighbourhood countries, as well as in partner countries having association, partnership and cooperation agreements with the Union. 24 Council Regulation (Euratom) No 237/2014 of 13 December 2013 establishing an Instrument for Nuclear Safety Cooperation (OJ L 77 15.3.2014 p 109.) 20 Rebecca Harms on behalf of the Verts/ALE Group Recital 8 (8) The implementation of this Regulation should be based on consultation, where relevant, with the relevant authorities of the Member States, and on a dialogue with the partner countries. (8) The implementation of this Regulation should be based on consultation, where relevant, with the relevant authorities of the Member States, and on a dialogue with the partner countries. Where such dialogue fails to resolve Union's concerns over nuclear safety, the external funding under this Regulation, [Regulation NDICI] AM\1166120.docx 7/22 PE629.433v01-00
and [Regulation IPA III] should not be granted. 21 Laima Liucija Andrikienė Recital 8 (8) The implementation of this Regulation should be based on consultation, where relevant, with the relevant authorities of the Member States, and on a dialogue with the partner countries. (8) The implementation of this Regulation should be based on consultation with the relevant authorities of the Union and Member States, and on an effective and result-oriented dialogue with the partner countries. 22 Rebecca Harms on behalf of the Verts/ALE Group Recital 8 a (new) (8 a) As part of this Instrument, the Community might support nuclear regulatory bodies in performing stress tests, based on the Union acquis within the field of the nuclear safety, as well as subsequent implementation measures, in particular related to the nuclear power plants being built in acceding countries, candidate countries and potential candidates, as well as in the Neighbourhood area. PE629.433v01-00 8/22 AM\1166120.docx
23 Petras Auštrevičius Recital 18 (18) The references to Union instruments in Article 9 of Council Decision 2010/427/EU 32, should be read as references to this Regulation and to those Regulations referred to herein. The Commission should ensure that this Regulation is implemented in accordance with the role of the EEAS as provided in that Decision. 32 Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30). (18) The High Representative should guarantee overall political coordination of the Union s external action, ensuring the unity, consistency and effectiveness of the Union s external action, in particular through this Regulation. The EEAS should contribute to the programming and management cycle for this Regulation, on the basis of the policy objectives set out in Article 2. 24 Fabio Massimo Castaldo Recital 19 a (new) (19a) Recalls to mind the European Parliament resolution of 17 January 2013 on the Recommendations of the Non- Proliferation Treaty Review Conference regarding the establishment of a Middle East free of weapons of mass destruction. Or. it 25 Rebecca Harms on behalf of the Verts/ALE Group AM\1166120.docx 9/22 PE629.433v01-00
Article 2 paragraph 1 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of a high level of nuclear safety, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the provisions of this Regulation. 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of a high level of nuclear safety, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the provisions of this Regulation. Cooperation provided by the Union in the field of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy. Justification The proposed Régulation tries to make it clear that safety and not the promotion of nuclear energy is the overriding aim. This amendment seeks to simply reinsert a provision which is an integral part of the existing INSC Council Regulation 237/2014 (Annex - point (1) (a) - seventh bullet point). 26 Sabine Lösing Article 2 paragraph 1 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of a high level of nuclear safety, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of a high level of nuclear safety, denuclearisation initiatives and programmes, nuclear power phaseout strategies, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third PE629.433v01-00 10/22 AM\1166120.docx
provisions of this Regulation. countries, building on the activities within the Community and in line with the provisions of this Regulation. Justification Stresses that the best way to guarantee nuclear safety would be a complete international denuclearization and to abandon atomic energy once and for all, as its civilian use bears great dangers on its own and since it cannot be excluded that civilian nuclear technology will not be used for military purposes. 27 Laima Liucija Andrikienė Article 2 paragraph 1 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of a high level of nuclear safety, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the provisions of this Regulation. 1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], in particular in order to support the promotion of high level nuclear safety, radiation protection and transparency standards as well as the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the provisions of this Regulation. 28 Rebecca Harms on behalf of the Verts/ALE Group Article 2 paragraph 2 point a (a) the promotion of an effective nuclear safety culture and implementation (a) the promotion of an effective nuclear safety culture and implementation AM\1166120.docx 11/22 PE629.433v01-00
of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety; of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety; the early closure when the nuclear facility or installation cannot be upgraded to meet international accepted nuclear safety standards fully; 29 Fabio Massimo Castaldo Article 2 paragraph 2 point a (a) the promotion of an effective nuclear safety culture and implementation of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety; (a) the promotion of an effective nuclear safety culture and implementation of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety, including through support for counterproliferation actions against both state and non-state actors; Or. it 30 Laima Liucija Andrikienė Article 2 paragraph 2 point a (a) the promotion of an effective nuclear safety culture and implementation of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety; (a) the promotion of an effective nuclear safety and radiation protection culture and implementation of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety; PE629.433v01-00 12/22 AM\1166120.docx
31 Sabine Lösing Article 2 paragraph 2 point a a (new) Justification (a a) supporting initiatives, regimes and programmes for complete regional and international nuclear disarmament and nuclear power phase-out strategies; Stresses that the best way to guarantee nuclear safety would be a complete international denuclearization and to abandon atomic energy once and for all, as its civilian use bears great dangers on its own and since it cannot be excluded that civilian nuclear technology will not be used for military purposes. 32 Rebecca Harms on behalf of the Verts/ALE Group Article 2 paragraph 2 point b (b) responsible and safe management of spent fuel and radioactive waste and the decommissioning and remediation of former nuclear sites and installations; (b) responsible and safe management of radioactive waste, including spent fuel, (i.e. pre-treatment, treatment, processing, storage and disposal), and the safe decommissioning and remediation of former nuclear sites and installations as well as legacy sites related to uranium mining or sunken radioactive objects and materials; Justification Losing the Annex of the existing INSC Council Regulation 237/2014 where the criteria and priorities were detailed, it is now of importance to elaborate the objectives set by Article 2 of this new Regulation. This amendment seeks to simply reinsert some provisions which were part of the existing INSC Council Regulation 237/2014. AM\1166120.docx 13/22 PE629.433v01-00
33 Fabio Massimo Castaldo Article 2 paragraph 2 point c (c) establishing efficient and effective safeguard systems. (c) establishing efficient and effective safeguard systems, in which the national authorities in charge of counterproliferation are also involved. Or. it 34 Laima Liucija Andrikienė Article 2 paragraph 2 point c (c) establishing efficient and effective safeguard systems. (c) establishing efficient, effective and transparent safeguard systems. 35 Clare Moody Article 2 paragraph 2 point c a (new) (c a) communicating to the public how the Programme has improved nuclear safety and successfully decommissioned former nuclear sites. PE629.433v01-00 14/22 AM\1166120.docx
36 Clare Moody Article 6 paragraph 2 2. The multiannual indicative programmes shall aim at providing a coherent framework for cooperation between the Community and the third countries or regions concerned, consistent with the overall purpose and scope, objectives, principles and policy of the Community and based on the policy framework referred to in article 5. 2. The multiannual indicative programmes shall aim at providing a coherent framework for cooperation between the Community and the third countries, regions or international organisations concerned, consistent with the overall purpose and scope, objectives, principles and policy of the Community and based on the policy framework referred to in article 5. 37 Clare Moody Article 6 paragraph 2 a (new) 2 a. The multiannual indicative programmes shall reflect the Community's goals and objectives in international organisations, as referred to in article 5, leveraging the Programme's knowledge and experience in nuclear safety in relevant international organisations. 38 Petras Auštrevičius Article 6 paragraph 6 AM\1166120.docx 15/22 PE629.433v01-00
6. The Commission shall adopt the multiannual indicative programmes in accordance with the examination procedure referred to in Article 13(2). The Commission shall, following the same procedure, revise and, if necessary, update those indicative programmes. 6. The Commission shall adopt the multiannual indicative programmes by means of delegated acts. Those delegated acts shall be adopted in accordance with the procedure referred to in Article - 13. The Commission shall, following the same procedure, revise and, if necessary, update those indicative programmes. 39 Laima Liucija Andrikienė Article 7 paragraph 3 subparagraph 1 point a (a) action plans, individual measures and support measures, for which the Union's funding does not exceed EUR 10 million; (a) individual measures and support measures, for which the Union's funding does not exceed EUR 10 million; 40 Sabine Lösing Article 8 paragraph 1 point a (new) (a) The Union shall support initiatives, regimes and programmes for the complete regional and international denuclearisation and nuclear power phase - out strategies. PE629.433v01-00 16/22 AM\1166120.docx
Justification Stresses that the best way to guarantee nuclear safety would be a complete international denuclearization and to abandon atomic energy once and for all, as its civilian use bears great dangers on its own and since it cannot be excluded that civilian nuclear technology will not be used for military purposes. 41 Georgios Epitideios Article 8 paragraph 2 introductory part 2. When support expenditure is not included in the action plans or measures referred to in Article 6, the Commission shall adopt, where applicable, support measures. Union financing under support measures may cover: 2. When support expenditure is not included in the action plans or measures referred to in Article 6, the Commission shall, in addition, have the option of adopting support measures where applicable and where considered necessary. Union financing under support measures may cover: Or. el 42 Clare Moody Article 8 paragraph 2 point b a (new) (b a) expenditures related to ensuring a just transition for former employees and communities in the decommissioning of a nuclear site. 43 Rebecca Harms on behalf of the Verts/ALE Group AM\1166120.docx 17/22 PE629.433v01-00
Article 10 paragraph 3 a (new) 3 a. Union's funding and support referred to in paragraphs 1 and 2 shall be conditional on the respect by the country concerned of provisions set out in paragraph 1a of Article 11 of this Regulation. 44 Rebecca Harms on behalf of the Verts/ALE Group Article 11 paragraph 1 a (new) 1 a. Third countries wishing to cooperate with the Union shall respect: - democratic principles, the rule of law and human rights, which constitute an essential element thereof, - the Espoo and the Aarhus Conventions and their subsequent amendments, - the Treaty on the Non-Proliferation of Nuclear Weapons and the Additional Protocols thereto, - the relevant international Conventions within the Framework of the IAEA. In the event of violation of the abovementioned principles, treaties or conventions, the Union shall reconsider any action foreseen under this Regulation, [Regulation NDICI] and [Regulation IPA III]. 45 PE629.433v01-00 18/22 AM\1166120.docx
Rebecca Harms on behalf of the Verts/ALE Group Article 11 paragraph 2 2. All supplies and materials financed under this Regulation may originate from the countries and under the respective conditions specified in paragraph 1. 2. All supplies and materials financed under this Regulation may originate from the countries and under the respective conditions specified in paragraphs 1 and 1a. 46 Laima Liucija Andrikienė Article 12 paragraph 2 point a (a) number of legal and regulatory acts prepared, introduced and or revised; and (a) legal and regulatory acts prepared, introduced and or revised; and 47 Laima Liucija Andrikienė Article 12 paragraph 2 point b (b) number of design, concept or feasibility studies for the establishment of facilities in line with the highest standards of nuclear safety. (b) design, concept or feasibility studies for the establishment of facilities in line with the highest standards of nuclear safety. 48 AM\1166120.docx 19/22 PE629.433v01-00
Laima Liucija Andrikienė Article 12 paragraph 2 point b a (new) (b a) implementation of nuclear safety and radioactive waste management improvement measures, based on the highest safety standards, including recommendations of international peer review. 49 Clare Moody Article 12 paragraph 2 point b a (new) (b a) the degree to which the public, in the partner countries, have been informed of the Programme. 50 Petras Auštrevičius Article 13 (new) Article -13 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for the period of PE629.433v01-00 20/22 AM\1166120.docx
validity of this Regulation. 3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter institutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. 51 Petras Auštrevičius Article 15 paragraph 1 This Regulation shall apply in accordance with Decision 2010/427/EU. The High Representative shall guarantee overall political coordination of the AM\1166120.docx 21/22 PE629.433v01-00
Union s external action, ensuring the unity, consistency and effectiveness of the Union s external action, in particular through this Regulation. The EEAS shall contribute to the programming and management cycle for this Regulation, on the basis of the policy objectives set out in Article 2. PE629.433v01-00 22/22 AM\1166120.docx