EN Official Journal of the European Union L 259/10

COUNCIL DECISION 2010/585/CFSP

of 27 September 2010

on support for IAEA activities in the areas of nuclear security and verification 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 26(2) and Article 31(1) thereof,

Whereas:

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

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

(3) On 17 November 2003, the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). That Common Position calls, inter alia, for the promotion of the conclusion of IAEA comprehensive safeguards agreements and Additional Protocols and commits the Union to work towards making the Additional Protocol and comprehensive safeguards agreements the standard for the IAEA verification system.

(4) On 17 May 2004, the Council adopted Joint Action 2004/495/CFSP 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 (2).

(5) On 18 July 2005, the Council adopted Joint Action 2005/574/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (3).

(6) On 12 June 2006, the Council adopted Joint Action 2006/418/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (4).

(7) On 14 April 2008, the Council adopted Joint Action 2008/314/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (5).

(8) The strengthening of the control of high-activity radioactive sources in accordance with the G-8 statement and Action Plan on securing radioactive sources, adopted at the 2003 Evian Summit, remains an important objective for the Union, which will be pursued through outreach to third countries.

(9) In July 2005, the States Parties and the European Atomic Energy Community agreed by consensus to amend the Convention on the Physical Protection of Nuclear Material (CPPNM) with a view to expanding its scope to encompass nuclear material and facilities in peaceful domestic use and storage, as well as in transport, and to oblige States Parties to make violations subject to criminal sanctions.

(10) In September 2005, the International Convention for the Suppression of Acts of Nuclear Terrorism was opened for signature. Upon its entry into force, it will require States Parties to enact legislation to criminalise these offences.

(11) The IAEA pursues the same objectives as set out in Recitals (3) to (10). This is done through the implementation of its Nuclear Security Plan, which is financed entirely through voluntary contributions to the IAEA Nuclear Security Fund.

(12) On 12-13 April 2010, the Union participated in the Nuclear Security Summit, convened by the President of the United States of America, and committed to further enhancing its efforts aimed at strengthening nuclear security and to assist third countries in this regard.

(13) In order to help address the specific challenges in the field of nuclear security and non-proliferation in Asian countries, due in particular to the growing number of nuclear applications in the region, inter alia in the field of medicine, agriculture and water, as well as nuclear research, this Decision should specifically support IAEA activities in South East Asia. This should take into account the increasing role of Asia as a partner to the Union in the field of security. Particular emphasis should be given to the strengthening of nuclear safety and security in non-energy nuclear applications in eligible countries,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purposes of giving immediate and practical implementation to certain elements of the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’), the Union shall support the IAEA’s activities in the areas of nuclear security and verification in order to further the following objectives:

(a) to achieve progress towards the universalisation of international non-proliferation and nuclear security instruments, including comprehensive safeguards agreements and the Additional Protocol;

(b) to enhance the protection of proliferation-sensitive materials and equipment and the relevant technology, providing legislative and regulatory assistance in the area of nuclear security and safeguards;

(c) to strengthen the detection of and response to illicit trafficking in nuclear and other radioactive materials.

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

(a) strengthening national legislative and regulatory infrastructures for the implementation of relevant international instruments in the areas of nuclear security and verification, including comprehensive safeguards agreements and the Additional Protocol;

(b) assisting States in strengthening the security and control of nuclear and other radio-active materials;

(c) strengthening States’ capabilities for the detection of and response to illicit trafficking in nuclear and other radioactive materials.

Those projects shall be carried out in countries needing assistance in those areas after an initial assessment carried out by an expert team.

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

Article 2

1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.

2. The projects referred to in Article 1(2) shall be carried out by the IAEA as implementing entity. It shall perform this task under the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the IAEA.

Article 3

1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 9 966 000, to be funded from the general budget of the Union.

2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.

3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1, which shall take the form of a grant. For this purpose, it shall conclude a financing agreement with the IAEA. The financing agreement shall stipulate that the IAEA is to ensure visibility of the Union’s contribution, appropriate to its size.

4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.

Article 4

The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. These reports shall form the basis for the evaluation by the Council. The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).

Article 5

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

It shall expire 24 months after the date of the conclusion of the financing agreement between the Commission and the IAEA or 12 months after the date of its adoption if no financing agreement has been concluded before that date.

Done at Brussels, 27 September 2010. For the Council The President K. PEETERS

(1) OJ L 302, 20.11.2003, p. 34.

(2) OJ L 182, 19.5.2004, p. 46.

(3) OJ L 193, 23.7.2005, p. 44.

(4) OJ L 165, 17.6.2006, p. 20.

(5) OJ L 107, 17.4.2008, p. 62.