REPORT on the proposal for a Council regulation establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty

Text proposed by the Commission

Amendment

(2a)  Consequently, commitments to nuclear security, non-proliferation and nuclear safety, as well as sustainable development goals, and the Union’s overall interests should play a vital role in guidance of the programming of actions under this Regulation.

Text proposed by the Commission

Amendment

(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" (the ‘Instrument’) 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 the regulatory frameworks and sharing of best practices that exist within the Union.

Text proposed by the Commission

Amendment

(3a)  The Instrument should not, by any means, promote the use of nuclear energy in third countries and the Union, but should focus in particular on improving nuclear safety standards globally while promoting a high level of radiation protection and the application of effective and efficient safeguards of nuclear materials.

Text proposed by the Commission

Amendment

(3b)  The nuclear accidents in the nuclear power plants of Chernobyl in 1986 and Fukushima Daiichi in 2011 have clearly shown that nuclear accidents have devastating global consequences for citizens and the environment. This underlines the necessity for the highest nuclear safety standards and safeguards and continuous efforts to improve these standards and safeguards globally, as well as for the Community’s engagement in supporting these goals in third countries. Those standards and safeguards should reflect state of the art practices, in particular in governance and regulatory independence.

Text proposed by the Commission

Amendment

(4)  This Regulation forms part of the framework devised for the planning of cooperation and should complement those nuclear cooperation measures that are financed under [the Regulation NDICI].

(4)  This Regulation forms part of the framework devised for the planning of cooperation and should complement those nuclear cooperation measures that are financed under [the Regulation NDICI] which is falling under the Treaty on the Functioning of the European Union, and in particular its Articles 209, 212 and 322(1).

Text proposed by the Commission

Amendment

(5a)  The Community is member of the Convention on Nuclear Safety (1994) and member of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (1997).

Text proposed by the Commission

Amendment

(5b)  Transparency and public information in relation to nuclear safety, safeguards, decommissioning and waste management activities such as required, for example, by the Aarhus Convention (1998) are an important element to prevent negative impacts of radioactive material on citizens and the environment and should thus be guaranteed under the Instrument.

Text proposed by the Commission

Amendment

(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. It should further cooperate with other highly regarded international organisations in the field such as the Organisation for Economic Co-operation and Development/Nuclear Energy Agency, the European Bank for Reconstruction and Development and the Northern Dimension Environmental Partnership, which pursue similar goals in nuclear safety as the Community. Coherence, complementarity and cooperation between the Instrument and these organisations and their programmes can increase the scope, efficiency and effectiveness of nuclear safety measures around the world. Unnecessary duplications and overlaps should be avoided.

Text proposed by the Commission

Amendment

(6a)  To continuously improve nuclear safety and to enhance regulation in this area in the Union, the Council adopted Council Directives 2009/71/Euratom, 2011/70/Euratom and 2013/59/Euratom. Those directives, as well as the high nuclear safety and decommissioning standards in the Community, shall serve as a guideline for actions financed under the Instrument and shall motivate cooperating third countries to implement regulations and standards with the same level of safety.

Text proposed by the Commission

Amendment

(6b)  The Instrument should also promote international cooperation based on conventions on nuclear safety and radioactive waste management. Partner countries should be encouraged to become parties to those conventions allowing for an IAEA-assisted periodic peer review of their national systems. Peer reviews provide an external view of the state-of-play and challenges in nuclear safety in third countries, which can be used in programming of the high-level Union support. The Instrument can benefit from the reviews of well-respected international nuclear energy agencies that carry out peer reviews reporting to the potential beneficiaries of the Instrument. The findings and recommendations of such peer reviews that are made available to national authorities can also be helpful in prioritising concrete support measures for the third countries concerned.

Text proposed by the Commission

Amendment

(6c)  The concepts of nuclear safety and nuclear security are inextricably linked, as lacks in nuclear safety, e.g. in safe operation processes, can lead to nuclear security risks, and as nuclear security risks, especially new risks e.g. in cyber-security, may lead to new challenges for nuclear safety. Thus, the Union’s nuclear security activities in third countries, as laid down in Annex II to Regulation ... [COD No 2018/0243 (NDICI)] and activities funded through the Instrument should be coherent and complementary.

Text proposed by the Commission

Amendment

(7)  This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014²⁴ concerning nuclear safety and nuclear safeguards in third countries, in particular in acceding countries, candidate countries and potential candidates.

(7)  This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014²⁴ 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 ... [COD 2018/0243, NDICI]. With the aim of implementing the highest nuclear safety standards and to detect flaws in existing safety measures, the Instrument might support nuclear regulatory bodies in performing comprehensive risk and safety assessments (“stress tests”) of existing installations, and of nuclear plants being constructed, based on the Community acquis on nuclear safety and radioactive waste, the implementation of recommendations and the monitoring of relevant measures. The European Parliament should be informed regularly by the Commission about the activities in nuclear safety undertaken in third countries and about the status of their implementation.

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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.)

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.)

Text proposed by the Commission

Amendment

(7a)  According to Article 3 TFEU, it is the Union’s goal to improve its people’s well-being. This Instrument offers the opportunity for the Union to improve sustainably the socio-economic and health situation of people globally, within and beyond its borders. The projects funded by the Instrument should also be coherent with the internal and external policies of the Union by e.g. contributing to the achievement of the Sustainable Development Goals such as Good health and well-being, Clean water and sanitation. The Instrument itself should follow the principles of good governance and by that contribute to the Sustainable Development Goal Peace, justice and strong institutions.

Text proposed by the Commission

Amendment

(7b)  This Instrument should aim to engage countries receiving financial assistance under this Regulation to uphold the commitments stemming from the association, partnership and cooperation agreements with the Union, the Treaty on the Non-Proliferation of Nuclear Weapons, commit to relevant international conventions, uphold nuclear safety and radiation protection standards and commit to implementation of relevant recommendations and measures with the highest standards of transparency and publicity.

Text proposed by the Commission

Amendment

(7c)  This Instrument should, through projects funded by it, fully support nuclear safety and safeguards measures as well as improving health situation of people in third countries, especially of those living near nuclear power installations and/or uranium mining areas, including safe remediation of former uranium mines-related sites in third countries, in particular in Central Asia and in Africa where currently some 18 % of the global supply of uranium comes from South Africa, Niger and Namibia.

Text proposed by the Commission

Amendment

(7d)   This Instrument should aim to engage countries receiving financial assistance under this Regulation to further democratic principles, the rule of law and human rights and to uphold the commitments stemming from the Espoo and Aarhus Conventions.

Text proposed by the Commission

Amendment

(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 appropriate, with the relevant authorities of the Union and Member States, such as the European Nuclear Safety Regulators Group, and on a dialogue with the partner countries. Such consultation should, in particular, take place in the course of developing and before the adoption of multiannual indicative programmes. Where such dialogue fails to resolve Union's concerns over nuclear safety, the external funding under this Regulation, should not be granted.

Text proposed by the Commission

Amendment

(8a)  Individual, differentiated approach towards countries receiving support through the Instrument should be promoted. Use of the Instrument should be based on the assessment of specific needs of countries receiving the support, as well as on the expected overall benefit of the Instrument, in particular structural changes in the countries concerned.

Text proposed by the Commission

Amendment

(8b)  Member States’ regulatory bodies, technical support organisations, nuclear engineering companies and nuclear energy utilities have the necessary expertise and know-how with regard to implementing the highest standards of nuclear safety and radiation protection in a variety of regulatory systems of the Member States, which can be a useful source of support to partner countries that set out to do the same in their national regulatory and industrial frameworks.

Text proposed by the Commission

Amendment

(9)  Whenever possible and appropriate, the results of the Community's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and preferably based on the results framework of the partner country.

(9)  The results of the Community's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and preferably based on the results framework of the partner country. The indicators should be performance and result-oriented, in order to require more responsibility and accountability from beneficiary countries to the Union and the Member States on results achieved in the implementation of safety improvement measures.

Text proposed by the Commission

Amendment

(10)  The Union and the Community should seek the most efficient use of available resources in order to optimise the impact of their external action. That should be achieved through coherence and complementarity between the Union's external financing instruments, as well as the creation of synergies with other Union policies and Programmes. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Union Programmes, as long as the contributions do not cover the same costs.

(10)  The Union and the Community should seek the optimal and most efficient use of available resources and should seek to improve the implementation and quality of spending in order to optimise the impact of their external action. That should be achieved through coherence and complementarity between the Union's external financing instruments, as well as the creation of synergies with other Union policies and Programmes such as the Euratom research and training programmes. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Union Programmes, as long as the contributions do not cover the same costs.

Text proposed by the Commission

Amendment

(14)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(14)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance, while considering their accessibility for potential partners and their ability to create legal certainty. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article125(1) of the Financial Regulation.

Text proposed by the Commission

Amendment

(15a)  In order to foster the implementation of the highest standards of nuclear safety in third countries efficiently and timely, decision and negotiations processes within the Commission and with third countries need to be efficient and fast.

Text proposed by the Commission

Amendment

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 regulatory frameworks and best practices within the Community and in line with the provisions of this Regulation and helping to ensure a purely civilian use of nuclear material and by that, the protection of citizens and the environment. Within this objective, this Regulation aims also to support the implementation of transparency in nuclear related decision-making by authorities of third countries.

Cooperation provided by the Union in the field of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy.

Text proposed by the Commission

Amendment

(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 governance, the continuous improvement of nuclear safety and implementation of the highest nuclear safety and radiation protection standards, that exist within the Community and internationally for the relevant nuclear activities;

Text proposed by the Commission

Amendment

(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, from their generation to final disposal, including spent fuel, (i.e. pre-treatment, treatment, processing, storage and disposal), and the safe and efficient decommissioning and remediation of former nuclear sites and installations as well as legacy sites related to uranium mining or sunken radioactive objects and material;

Text proposed by the Commission

Amendment

(c)  establishing efficient and effective safeguard systems.

(c)  establishing efficient, effective and transparent safeguards for nuclear material;

Text proposed by the Commission

Amendment

(ca)  encouraging the promotion of overall transparency and openness of authorities in third countries, as well as public information and participation in decision making processes relating to the safety of nuclear installations and effective radioactive waste management practices, in accordance with relevant international conventions and instruments;

Text proposed by the Commission

Amendment

(cb)  using the Instrument knowledge and actions to leverage political influence in international organisations in the area of energy and security;

Text proposed by the Commission

Amendment

1.  In implementing this Regulation, consistency, synergies and complementarity with Regulation (EU) No XXX/XXX NDICI, other Programmes of Union external action, other relevant Union policies and Programmes, as well as policy coherence for development shall be ensured.

1.  In implementing this Regulation, consistency, synergies and complementarity with Regulation (EU) No XXX/XXX NDICI, other Programmes of Union external action, other relevant Union policies and legislative acts such as the Directives 2009/11/Euratom, 2011/70/Euratom and 2013/59/Euratom, Union goals and values and Programmes such as the Research and Training Programme of the European Atomic Energy Community complementing Horizon Europe, as well as policy coherence for development shall be ensured.

Text proposed by the Commission

Amendment

2a.  The Commission shall coordinate its cooperation with third countries and with international organisations pursuing similar objectives, in particular the IAEA and the OECD/NEA. This coordination will enable the Community and the organisations concerned to avoid any duplication of actions and funding in relation to third countries. The Commission shall also involve the competent authorities of Member States and European operators in the fulfilment of its task, thereby harnessing the quality of European expertise in the field of nuclear safety and safeguards.

Text proposed by the Commission

Amendment

The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 300 million in current prices.

The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 266 million in constant prices.

Text proposed by the Commission

Amendment

The association agreements, partnership and cooperation agreements, multilateral agreements, and other agreements that establish a legally binding relationship with partner countries, as well as, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation.

The Community acquis related to nuclear safety and safe management of spent fuel and radioactive waste, the association agreements, partnership and cooperation agreements, multilateral agreements, and other agreements that establish a legally binding relationship with partner countries, as well as, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation.

Text proposed by the Commission

Amendment

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.

Text proposed by the Commission

Amendment

3.  The multiannual indicative programmes shall constitute a general basis for the cooperation, and shall set out the Community's goals for cooperation under this Regulation, having regard to the needs of the countries concerned, the Community's priorities, the international situation and the activities of the third countries concerned. The multiannual indicative programmes shall also indicate the added value of the cooperation and how to avoid duplication with other programmes and initiatives, in particular those of international organisations pursuing similar objectives and major donors.

3.  The multiannual indicative programmes shall constitute a general basis for the cooperation, and shall set out the Community's goals for cooperation under this Regulation, having regard to the needs of and circumstances in the countries concerned, the Community's priorities, the international situation and the activities of the third countries concerned. The multiannual indicative programmes shall also indicate the added value of the cooperation and how to avoid duplication with other programmes and initiatives, in particular those of international organisations pursuing similar objectives and major donors.

Text proposed by the Commission

Amendment

3a.  The multiannual indicative programmes shall aim to engage countries receiving financial assistance under this Regulation to uphold the commitments arising from agreements with the Union and the Treaty on the Non-Proliferation of Nuclear Weapons, to commit themselves to relevant international conventions, uphold nuclear safety and radiation protection standards and commit themselves to implementing relevant recommendations and measures with the highest standards of transparency and publicity.

Text proposed by the Commission

Amendment

4a.  Multiannual indicative programmes should set out a framework for qualified and independent oversight to increase the level of nuclear safety of the partner countries. They could include provisions for supporting nuclear regulatory authorities in performing comprehensive risk and safety assessments (“stress tests”) of nuclear power installations, based on the Community acquis on nuclear safety and radioactive waste, as well as the implementation of recommendations arising from those stress tests and the monitoring of the application of relevant measures, for example in acceding countries, candidate countries, potential candidates and countries covered by the European Neighbourhood Policy.

Text proposed by the Commission

Amendment

5.  Multiannual indicative programmes shall be based on a dialogue with the partner countries or regions.

5.  Multiannual indicative programmes shall be based on a dialogue with the partner countries or regions. In elaborating and prior to the adoption of programmes, the Commission should consult the European Nuclear Safety Regulators Group (ENSREG) and, where appropriate, the relevant national authorities of the Member States.

Text proposed by the Commission

Amendment

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 in accordance with the examination procedure referred to in Article 13(2). The Commission shall review them at mid-term, and, following the same procedure, if necessary, revise and update those indicative programmes.

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(b)  expenditures related to the provision of information and communication actions, including the development of communication strategies and corporate communication and visibility of the political priorities of the Union.

(b)  expenditures related to the provision of information and communication actions, including the development of communication strategies and corporate communication and visibility of the political priorities, goals and values of the Union.

Text proposed by the Commission

Amendment

Article 11a

Criteria applying to International Nuclear Safety Cooperation

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

2.  Third countries wishing to cooperate with the Community shall be members of the Treaty on the Non Proliferation of Nuclear Weapons and should have its Additional Protocol or a safeguards agreement with the International Atomic Energy Agency sufficient to provide credible assurance of the non-diversion of declared nuclear material from peaceful nuclear activities and of the absence of undeclared nuclear material or activities in that state as a whole in place. They shall fully subscribe to Fundamental Safety Principles as stipulated in IAEA Safety Standards and be parties to the relevant Conventions, such as the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, or have taken steps demonstrating a firm undertaking to accede to such Conventions. In the case of active co-operation, that commitment shall be evaluated annually taking into account National Reports and other documents on the implementation of relevant Conventions. On the basis of such an evaluation, a decision shall be taken with regard to the continuation of the cooperation. In an emergency, flexibility shall, on an exceptional basis, be shown in the application of those principles.

3.  In order to ensure and to monitor compliance with the cooperation objectives of this Regulation, the third country concerned shall accept the evaluation of the actions undertaken pursuant to paragraph 2. The evaluation shall allow the monitoring and verification of compliance with the agreed objectives and can be a condition for continued payment of the Community contribution.

Text proposed by the Commission

Amendment

(1)  Monitoring, reporting and evaluation shall be carried out in accordance with Article 31 paragraphs 2, 4, 5 and 6, and Articles 32 and 36 of the Regulation (EU) No XXX/XXX NDICI.

(1)  Monitoring, reporting and evaluation shall be carried out in accordance with Article 31 paragraphs 2, 4, 5 and 6, and Articles 32 and 36 of the Regulation (EU) No XXX/XXX NDICI. Specific evaluations, as referred in Article 32(2) of the Regulation (EU) No XXX/XXX NDICI, related to nuclear safety, radiation protection and safeguard, after consulting the ENSREG, shall be discussed in European Instrument for International Nuclear Safety Cooperation committee and presented to the European Parliament.

Text proposed by the Commission

Amendment

(a)  number of legal and regulatory acts prepared, introduced and or revised; and

(a)  number of legal and regulatory acts prepared, introduced and or revised and their successful implementation, as well as their impact on nuclear safety standards and safeguards in the respective countries, including impact on citizens and environment;

Text proposed by the Commission

Amendment

(b)  number of design, concept or feasibility studies for the establishment of facilities in line with the highest standards of nuclear safety.

(b)  number of design, concept or feasibility studies for the establishment of facilities in line with the highest standards of nuclear safety and the successful implementation of the results of those studies.

Text proposed by the Commission

Amendment

(ba)  nuclear safety, radiation protection, and effective and efficient safeguards improvement measures, based on the highest standards of nuclear safety, radiation protection and nuclear safeguards, including international peer review results, implemented in nuclear facilities.

Text proposed by the Commission

Amendment

Article 12a

Transparency

The Commission and the third countries cooperating with the Union under this Instrument shall ensure that necessary information in relation to the nuclear safety measures undertaken in those third countries with the help of the Instrument and in relation to their nuclear safety standards in general, is made available to workers and the general public, with specific consideration to local authorities, population and stakeholders in the vicinity of a nuclear installation. That obligation shall include ensuring that the competent regulatory authority and the licence holders provide information within their fields of competence. Information shall be made available to the public in accordance with relevant legislation and international instruments, provided that this does not jeopardise other overriding interests, such as security, which are recognised in relevant legislation and international instruments.

Text proposed by the Commission

Amendment

(2a)  Consequently, commitments to nuclear security, non-proliferation and nuclear safety, as well as sustainable development goals, and overall Union’s interest should play a vital role in guidance of the programming of actions under this Regulation.

Text proposed by the Commission

Amendment

(3a)  Secondary objectives of the Programme should include financing a just transition for the former employees and local communities facing unemployment as a result of the decommissioning of unsafe nuclear sites.

Text proposed by the Commission

Amendment

(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. The Instrument should also promote international cooperation based on conventions on nuclear safety and radioactive waste management.

Text proposed by the Commission

Amendment

(7)  This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014²⁴ concerning nuclear safety and nuclear safeguards in third countries, in particular in acceding countries, candidate countries and potential candidates.

(7)  This Instrument should provide for actions in support of those objectives and build on the actions previously supported under Regulation (Euratom) No 237/2014²⁴ 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, in the Neighbourhood area within the meaning of [Regulation NDICI] ('the Neighbourhood area'), as well as in partner countries having association, partnership and cooperation agreements with the Union.

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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.)

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.)

Text proposed by the Commission

Amendment

(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 the Member States, and on an effective and result-oriented 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] and [Regulation IPA III] should be temporarily suspended or should not be granted. The Union should be additionally prepared to address legitimate concerns of the Member States as regards nuclear safety of new nuclear power plants, in particular those being built in acceding countries, candidate countries and potential candidates, as well as in the Neighbourhood area.

Text proposed by the Commission

Amendment

(8a)  As part of the Instrument, the Union 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 those related to the nuclear power plants being built in acceding countries, candidate countries and potential candidates, as well as in the Neighbourhood area.

Text proposed by the Commission

Amendment

(9)  Whenever possible and appropriate, the results of the Community's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and preferably based on the results framework of the partner country.

(9)  Whenever possible and appropriate, the results of the Community's external action should be monitored and assessed on the basis of pre-defined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and preferably based on the results framework of the partner country. The Union should establish and finance necessary regular monitoring mechanisms (e. g. Union's experts teams or missions) to supervise implementation of stress tests recommendations for new nuclear power plants, in particular those being built in the immediate Neighbourhood area.

Text proposed by the Commission

Amendment

(18)  The references to Union instruments in Article 9 of Council Decision 2010/427/EU³² , 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.

(18)  The High Representative of the Union for Foreign Affairs and Security Policy should guarantee overall political coordination of the Union’s external action, ensuring its unity, consistency and effectiveness of, 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.

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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).

Text proposed by the Commission

Amendment

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, 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. The cooperation provided by the Union in the field of nuclear safety and safeguards under this Regulation shall not aim to promote nuclear energy and shall therefore not be interpreted as a measure to promote that energy source in third countries.

Text proposed by the Commission

Amendment

(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; the early closure when the nuclear facility or installation cannot be upgraded to fully meet internationally accepted nuclear safety standards;

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(c)  establishing efficient and effective safeguard systems.

(c)  establishing efficient, effective and transparent safeguard systems, in which the national authorities in charge of counterproliferation are also involved, including the financing of comprehensive risk and safety assessments ("stress tests") of nuclear power plants, implementation of recommendations originating from such stress tests, based on the Union acquis, and related monitoring measures, in particular those in acceding countries, candidate countries and potential candidates, as well as in the Neighbourhood area.

Text proposed by the Commission

Amendment

(ca)  communicating to the public how the Programme has improved nuclear safety and successfully decommissioned former nuclear sites.

Text proposed by the Commission

Amendment

The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 300 million in current prices.

The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 350 million in current prices.

Text proposed by the Commission

Amendment

The association agreements, partnership and cooperation agreements, multilateral agreements, and other agreements that establish a legally binding relationship with partner countries, as well as, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation.

The association agreements, partnership and cooperation agreements, multilateral agreements, and other agreements that establish a legally binding relationship with partner countries, as well as, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, and the Union acquis related to nuclear safety shall constitute the overall policy framework for the implementation of this Regulation.

Text proposed by the Commission

Amendment

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.

Text proposed by the Commission

Amendment

2a.  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.

Text proposed by the Commission

Amendment

(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;

Text proposed by the Commission

Amendment

(ba)  expenditures related to ensuring a just transition for former employees and communities in the decommissioning of a nuclear site.

Text proposed by the Commission

Amendment

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 paragraph 1 and Article 11a.

Text proposed by the Commission

Amendment

Article 11a

Conditionality and suspension of assistance

1.   Union's assistance under this Regulation shall be conditional on the respect by the partner country concerned of the following:

(a)    the relevant international conventions within the framework of the IAEA;

(b)    the Convention on Environmental Impact Assessment in a Transboundary Context, adopted in Epsoo, Finland on 25 January 1991, and the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, done at Aarhus, Denmark, on 25 June 1998, and their subsequent amendments;

(c)  the Treaty on the Non-Proliferation of Nuclear Weapons and the Additional Protocols thereto;

(d)  the commitments under the partnership and association agreements with the Union;

(e)   the commitments to implementation of stress tests and related measures.

2. In the event of the failure to respect the conditions listed in paragraph 1, Union's financial assistance under this Regulation, and [Regulation NDICI] or [Regulation IPA III], where relevant, shall be reconsidered and may be restricted or temporarily suspended.

Text proposed by the Commission

Amendment

(a)  number of legal and regulatory acts prepared, introduced and or revised; and

(a)  legal and regulatory acts prepared, introduced and or revised; and

Text proposed by the Commission

Amendment

(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.

Text proposed by the Commission

Amendment

(ba)  implementation of measures for the improvement of nuclear safety and radioactive waste management, based on the highest safety standards, including recommendations of international peer review.

Text proposed by the Commission

Amendment

(bb)  the degree to which the public, in the partner countries, have been informed of the Programme.

Text proposed by the Commission

Amendment

This Regulation shall apply in accordance with Decision 2010/427/EU.

The High Representative of the Union for Foreign Affairs and Security Policy shall guarantee overall political coordination of the Union’s external action, ensuring its unity, consistency and effectiveness, 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.