# L_2004349EN.01005701.xml

| 25.11.2004 | EN | Official Journal of the European Union | L 349/57 |
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25.11.2004

EN

Official Journal of the European Union

L 349/57

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COUNCIL JOINT ACTION 2004/796/CFSP

of 22 November 2004

for the support of the physical protection of a nuclear site in the Russian Federation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard of the Treaty on European Union, and in particular Article 14 thereof,

Whereas:

| (1) | The European Union Cooperation Programme for Non-proliferation and Disarmament in the Russian Federation, adopted in the framework of the Common Strategy 1999/414/CFSP of the European Union of 4 June 1999 on Russia (1) and established by Council Joint Action 1999/878/CFSP (2), ended on 24 June 2004. |
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(1)

The European Union Cooperation Programme for Non-proliferation and Disarmament in the Russian Federation, adopted in the framework of the Common Strategy 1999/414/CFSP of the European Union of 4 June 1999 on Russia (1) and established by Council Joint Action 1999/878/CFSP (2), ended on 24 June 2004.

| (2) | The EU Strategy against the Proliferation of Weapons of Mass Destruction which was adopted by the European Council on 12 December 2003 contains, in its Chapter III, a list of measures to combat such proliferation and which needs to be taken both within the European Union and in third countries. |
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(2)

The EU Strategy against the Proliferation of Weapons of Mass Destruction which was adopted by the European Council on 12 December 2003 contains, in its Chapter III, a list of measures to combat such proliferation and which needs to be taken both within the European Union and in third countries.

| (3) | In line with Chapter III of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the European Union must make use of all its instruments to prevent, deter, halt, and if possible eliminate proliferation that causes concern at global level. |
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(3)

In line with Chapter III of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the European Union must make use of all its instruments to prevent, deter, halt, and if possible eliminate proliferation that causes concern at global level.

| (4) | The physical protection of nuclear materials and facilities, including obsolete reactors and their spent fuel is one of the specific measures contained in the EU Strategy against the Proliferation of Weapons of Mass Destruction. |
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(4)

The physical protection of nuclear materials and facilities, including obsolete reactors and their spent fuel is one of the specific measures contained in the EU Strategy against the Proliferation of Weapons of Mass Destruction.

| (5) | To ensure coherence of the European Union's external actions, its activities should take place in a coordinated way with activities carried out by the European Community and Member States. |
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(5)

To ensure coherence of the European Union's external actions, its activities should take place in a coordinated way with activities carried out by the European Community and Member States.

| (6) | Measures to reinforce the physical protection of Russian nuclear sites have been already undertaken by Federal Republic of Germany, |
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(6)

Measures to reinforce the physical protection of Russian nuclear sites have been already undertaken by Federal Republic of Germany,

HAS ADOPTED THIS JOINT ACTION:

Article 1

The objective of this Joint Action is to support a project for the implementation of physical protection measures at the Bochvar Institute in Moscow of the Russian Federal Agency for Atomic Energy. A detailed description of the objectives and activities envisaged by the project are set out in Annex I.

Article 2

The Presidency, assisted by the Secretary-General of the Council/High Representative for the CSFP, shall be responsible for the implementation of this Joint Action.

Article 3

The Federal Republic of Germany shall be responsible for the technical implementation of this Joint Action in the framework of its bilateral programme in this area.

Article 4

1.   The financial reference amount intended to cover the costs for the implementation of this Joint Action shall be EUR 7 937 000.

2.   The Commission shall be entrusted with the task of controlling and evaluating the financial aspects of the implementation of this Joint Action.

3.   The management of the expenditure financed by the general budget of the European Union specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters with the exception that any pre-financing shall not remain the property of the Community.

4.   The Commission shall be assisted by one expert, whose responsibilities are set out in Annex II, in the fulfilment of its tasks under this Article.

Article 5

The Council and the Commission shall ensure appropriate coordination between this Joint Action, other Community assistance and any other bilateral assistance provided by Member States.

Article 6

1.   The Presidency, assisted by the Secretary-General of the Council/High Representative for the CFSP, shall report to the Council every six months on the implementation of this Joint Action and on the basis of the reports provided by the implementing entity referred to in point 5 of Annex I. These reports shall also assess the capacity of the Russian Federation to absorb and utilise the assistance provided. The Commission shall be fully associated in the reporting and other related tasks.

2.   The Council may decide to suspend the implementation of the project if the Russian Federation fails:

| (a) | to cooperate fully in the implementation of this Joint Action; |
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(a)

to cooperate fully in the implementation of this Joint Action;

| (b) | to allow European Union's monitoring and/or evaluations and audits to that effect; |
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(b)

to allow European Union's monitoring and/or evaluations and audits to that effect;

| (c) | to meet its obligations under the Agreement on Partnership and Cooperation establishing a Partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part (3). |
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(c)

to meet its obligations under the Agreement on Partnership and Cooperation establishing a Partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part (3).

Article 7

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

It shall expire three years after the date of its adoption, unless the Council decides otherwise.

Article 8

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 22 November 2004.

For the Council

The President

B. R. BOT

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(1)  
  OJ L 157, 24.6.1999, p. 1. Common Strategy as amended by Common Strategy 2003/471/CFSP of the European Council (OJ L 157, 26.6.2003, p. 68).

1

(2)  
  OJ L 331, 23.12.1999, p. 11. Joint Action as amended by Decision 2002/381/CFSP (OJ L 136, 24.5.2002, p. 1).

2

(3)  
  OJ L 327, 28.11.1997, p. 3.

3

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ANNEX I

SUPPORT OF PHYSICAL PROTECTION OF NUCLEAR SITES IN RUSSIA

1.   Background

On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction which, inter alia, expresses the desire of the European Union to promote a stable international and regional environment by reinforcing Union cooperative threat reduction programmes with other countries, targeted at support for disarmament, control and security of sensitive materials, facilities and expertise.

The physical protection of nuclear materials and facilities, including obsolete reactors and their spent fuel is one of the specific measures contained in the EU Strategy against the Proliferation of Weapons of Mass Destruction.

Furthermore efforts have been made in the field of physical protection of nuclear sites in the Russian Federation under international initiatives. Among Member States, Germany has been particularly active in this area.

2.   Description

The project will finance the implementation of physical protection measures at one nuclear site in Russia. This complements the bilateral projects implemented by Germany in the Russian Federation.

The plant of Bochvar Institute (VNIINM), located in Moscow, contains fissile materials which need to be secured from any attempt of diversion. A new, reinforced and secure storage will be constructed to that end. This storage will be equipped with modern, specialised protection measures like access control systems and physical barriers.

The project will finance the design and construction of the secure storage and the purchase and installation of its specialised physical protection equipment. For evident security reasons the exact description of activities and equipment cannot be disclosed. Typical pieces of equipment are e.g. perimeter fences, access control systems, physical barriers, control and monitoring systems.

3.   Objectives

Overall objective: To contribute to reinforcing the physical protection of nuclear sites in Russia, so as to reduce the risk of theft of nuclear fissile material and of sabotage.

Project purpose: To improve the physical protection for fissile materials at the Bochvar Institute in Moscow (VNIINM) of the Russian Federal Agency for Atomic Energy FAAE (formerly MINATOM).

Project results: To deliver and install a new secure storage for fissile materials equipped with specialised protection measures.

4.   Beneficiaries

The main entities benefiting from the outcome of the project are the Federal Agency for Atomic Energy (FAAE) and the Bochvar Institute (VNIINM).

5.   Member State entity to be entrusted with the technical implementation of the project

Member State: Federal Republic of Germany

Implementing entity: Federal Ministry of Foreign Affairs (Auswärtiges Amt), assisted in monitoring the project by the Bundesamt für Wehrtechnik und Beschaffung. Technical project implementation tasks will be performed by the company GRS (Gesellschaft für Anlagen- und Reaktor-Sicherheit mbH).

6.   Third party participants

The Russian Federation will provide an amount equivalent to EUR 7 730 000. The overall cost of the equipped secure storage is estimated at EUR 13 000 000.

GRS experts will supervise the implementation of the tasks assigned to be performed by Russian entities and ensure full coherence with activities financed by Germany and the Russian Federation. Equipment will be provided by companies having the necessary certification from the Russian authorities.

7.   Required means

Components and services for the construction of the new secure storage and specialised physical protection equipment.

EUR 5 750 000 for the construction of the central storage and EUR 1 840 000 for the purchase of specialised physical protection equipment. In addition, the overall project costs include an amount of EUR 40 000 to cover travel costs and allowances of the implementing entity, directly related to the management of the project, as well as translation costs. A contingency reserve of EUR 100 000 is also foreseen.

8.   Duration

The planned duration of the project is three years.

9.   Reporting

The implementing entity will prepare:

| — | an inception report after the first six months of implementation, |
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an inception report after the first six months of implementation,

| — | progress reports every six months during the duration of the project, |
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—

progress reports every six months during the duration of the project,

| — | a final report two months before the completion of the tasks. |
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—

a final report two months before the completion of the tasks.

Reports will be sent to the Secretary-General of the Council/High Representative for the CFSP and to the Commission.

10.   Financial reference amount to cover the cost of the action

The total cost of the project is EUR 7 937 000.

BUDGET FOR THE PROJECT

| Budget Heading | Thousands of EUR (1) |
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| I.   Construction of central storage: |
| (a) | technical description and design |

Budget Heading

Thousands of EUR (1)

Construction of central storage:

(a)

technical description and design

300

| (b) | dismantling of old storage |
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(b)

dismantling of old storage

500

| (c) | studies and dossier for licensing |
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(c)

studies and dossier for licensing

200

| (d) | main construction works |
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(d)

main construction works

3 000

| (e) | construction fitting and commissioning |
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(e)

construction fitting and commissioning

1 000

| (f) | GRS engineering support for construction |
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(f)

GRS engineering support for construction

750

Subtotal I

5 750

Specific protection equipment:

| (a) | specifications of equipment |
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(a)

specifications of equipment

100

| (b) | equipment, consisting of: |
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(b)

equipment, consisting of:

1 100

| — | perimeter security |
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—

perimeter security

400

| — | access control system |
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—

access control system

200

| — | physical barriers (doors, windows) |
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—

physical barriers (doors, windows)

100

| — | control and monitoring system security |
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—

control and monitoring system security

200

| — | radiation monitoring |
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—

radiation monitoring

200

| (c) | licensing, commissioning, reception of equipment |
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(c)

licensing, commissioning, reception of equipment

100

| (d) | installation of equipment |
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(d)

installation of equipment

300

| (e) | GRS engineering support |
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(e)

GRS engineering support

240

Subtotal II

1 840

Costs of the implementing entity:

| — | travel (and allowance) costs (2) |
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—

travel (and allowance) costs (2)

30

| — | translation costs (3) |
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—

translation costs (3)

10

| IV. | Contingencies (4) |
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IV.

Contingencies (4)

100

Subtotal III + IV

140

| V. | Total cost of one expert (Article 4(4)) |
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V.

Total cost of one expert (Article 4(4))

207

TOTAL I - V

7 937

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(1)  Maximum estimates.

(2)  Missions for the personnel of the implementing entity, directly related to the implementation.

(3)  Translation of contractual documents and correspondence from English to German and vice-versa.

(4)  Only to be used with the prior written approval of the Commission.

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ANNEX II

TERMS OF REFERENCE FOR THE EXPERT REFERRED TO IN ARTICLE 4(4)

In accordance with Article 4, the Commission will be assisted by one expert.

This expert will be selected by the Commission, in cooperation with the Presidency assisted by the Secretary General/High Representative for the CSFP and the Federal Republic of Germany.

As provided in Article 4, the expert will assist the Commission in implementing the project related to the support of the physical protection of a nuclear site in the Russian Federation.

The expert might be proposed by the Member States as seconded national expert or, as an alternative, be recruited by the Commission as auxiliary or contract staff of the Commission.

He/She will be based in Brussels. If required for the effectiveness of the implementation, he/she might be placed temporarily in another location at a Delegation of the Commission.

The expert will provide expertise to the Commission to fulfil its tasks under Article 4, with respect to:

| — | the financial supervision, control and evaluation of the project, |
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—

the financial supervision, control and evaluation of the project,

| — | the assessment of the progress in the implementation of the project, |
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—

the assessment of the progress in the implementation of the project,

| — | the liaison with the Russian authorities as required, therefore facilitating the effective implementation of the Joint Action. |
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—

the liaison with the Russian authorities as required, therefore facilitating the effective implementation of the Joint Action.

Upon request the expert will provide the Presidency, the Secretary General/High Representative for the CSFP or the Government of the Federal Republic of Germany with expert advice for their tasks under the Joint Action.

The total cost of expertise for the three year period is EUR 207 000.

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