EN Official Journal of the European Union L 182/46

COUNCIL JOINT ACTION 2004/495/CFSP

of 17 May 2004

on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass Destruction, which contains, in its Chapter III, a list of measures to combat such proliferation and which need to be taken both within the EU and in third countries.

(2) The EU is actively implementing this Strategy and is giving effect to the measures listed in its Chapter III, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

(3) Since, as far as the EU is concerned, the Council adopted on 22 December 2003 Directive 2003/122/EURATOM (1) on the control of high activity sealed radioactive sources and orphan sources, within the EU, the strengthening of the control of high activity radioactive sources in all third countries, in accordance with the G-8 statement and Action Plan on securing radioactive sources, remains an important objective to be pursued.

(4) The improvement of the physical protection of nuclear material and facilities, and the detection of and response to illicit trafficking contribute to preventing the Proliferation of Weapons of Mass Destruction.

(5) The IAEA pursues the same objectives as set out in (3) and (4). This is done in the context of the revised Code of Conduct on the Safety and Security of Radioactive Sources which was approved by the IAEA Board of Governors in September 2003 and the implementation of its Nuclear Security Plan which is financed through voluntary contributions to its Nuclear Security Fund. The IAEA is also engaged into efforts to strengthen the Convention on the Physical Protection of Nuclear Material.

(6) The Commission has accepted to be entrusted with the supervision of the proper implementation of the EU contribution.

HAS ADOPTED THIS JOINT ACTION:

Article 1

1. For the purposes of giving immediate and practical implementation to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the EU shall support the IAEA activities under the Nuclear Security Plan, the objectives of which are:

— to enhance the protection of proliferation-sensitive materials and equipment and the relevant expertise,

— to strengthen the detection of and response to illicit trafficking of nuclear materials and radioactive substances.

2. The projects of the IAEA, corresponding to measures of the EU Strategy, are the projects which aim at strengthening:

— the Physical Protection of Nuclear Materials and other Radioactive Materials in Use, Storage and Transport, and of Nuclear Facilities,

— the Security of Radioactive Materials in non-Nuclear Applications,

— the States' capabilities for Detection and Response to Illicit Trafficking.

These projects will be carried out in countries needing assistance in the area of nuclear security.

A detailed description of the projects above is set out in the Annex.

Article 2

1. The financial reference amount for the implementation of the three projects listed in Article 1, paragraph 2, is 3 329 000 EUR.

2. 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.

3. For the purpose of implementing the projects referred to in Article 1, the Commission shall conclude a financing agreement with the IAEA on the conditions for the use of the EU contribution, which will take the form of a grant. The financing agreement to be concluded will stipulate that the IAEA shall ensure visibility of the EU contribution, appropriate to its size.

4. The Commission shall report on the implementation of the EU contribution to the Council, in association with the Presidency.

Article 3

The Presidency shall be responsible for the implementation of this Joint Action in full association with the Commission. The Commission shall supervise the proper implementation of the EU contribution referred to in Article 2.

Article 4

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

It shall expire 15 months after its adoption.

Article 5

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

Done at Brussels, 17 May 2004. For the Council The President B. COWEN

(1) OJ L 346, 31.12.2003, p. 57.