EN Official Journal of the European Union L 352/74

COUNCIL DECISION (CFSP) 2016/2383

of 21 December 2016

on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 31(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

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

(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 (1) on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery. 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 comprehensive safeguards agreements and Additional Protocols the standard for the IAEA verification system.

(4) On 17 May 2004, the Council adopted Joint Action 2004/495/CFSP (2) on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the Strategy.

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

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

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

(8) On 27 September 2010, the Council adopted Decision 2010/585/CFSP (6) on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(9) On 21 October 2013, the Council adopted Decision 2013/517/CFSP (7) on Union support for the activities of the IAEA in the areas of nuclear security and verification and in the framework of the implementation of the Strategy.

(10) On 8 May 2016, the Amendment to the Convention on the Physical Protection of Nuclear Material (ACPPNM) entered into force. The Union and its Member States promoted the Amendment through diplomatic outreach and financing of the IAEA activities in that regard. Following its entry into force, sustained efforts will be required to ensure national enforcement and universalization of the ACPPNM.

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

(12) The Union is committed to strengthening nuclear security worldwide and is ready to continue assisting third countries in that regard. The Union welcomes recent steps to strengthen the IAEA Nuclear Security Programme as well as the International Conference on Nuclear Security: Commitments and Actions, hosted by the IAEA from 5 to 9 December 2016. The Union aims at maintaining the sustainability and effectiveness of the implementation of Joint Actions 2004/495/CFSP, 2005/574/CFSP, 2006/418/CFSP, 2008/314/CFSP and Decision 2010/585/CFSP in support of the IAEA Nuclear Security Plans (‘previous Joint Actions and Decisions’) and is committed to providing further support in view of the adoption of the IAEA Nuclear Security Plan 2018-2021. Close coordination with the EU Chemical, Biological, Radiological and Nuclear (CBRN) Centres of Excellence Initiative, as well as other initiatives and programs will be undertaken to avoid duplication and to maximise cost effectiveness and continued risk reduction.

(13) The technical implementation of this Decision should be entrusted to the IAEA which, on the basis of its longstanding and broadly recognised expertise in the area of nuclear security, could significantly strengthen relevant capabilities in the target countries. The projects as supported by the Union can only be financed through voluntary contributions to the IAEA Nuclear Security Fund. Such contributions to be provided by the Union will be instrumental in enabling the IAEA to play a key role in the area of nuclear security by supporting the efforts of countries to fulfil their nuclear security responsibilities.

(14) The responsibility for nuclear security within a State rests entirely with the State,

HAS ADOPTED THIS DECISION:

Article 1

1. For the purpose of giving immediate and practical implementation to certain elements of the Strategy, the Union shall support the IAEA's activities in the areas of nuclear security in order to further the following objectives:

(a) achieving progress towards the universalisation of international non-proliferation and nuclear security instruments;

(b) assisting States in the establishment of indigenous technical, scientific and human capacity necessary for effective, sustainable nuclear security;

(c) strengthening capacities to prevent, detect, respond and protect people, property, environment and society from criminal or intentional unauthorised acts involving nuclear or other radioactive material out of regulatory control;

(d) strengthening the detection of, and response to, illicit trafficking of nuclear and other radioactive material;

(e) contributing to computer security in the nuclear field;

(f) strengthening the security of radioactive sources, to bring them to a safe and secure storage in the countries in need of support, including repatriation to the country of origin or supplier;

(g) strengthening physical protection of nuclear and other radioactive material.

2. The projects shall aim at:

(a) ensuring the sustainability and effectiveness of support provided through previous Joint Actions and Decisions;

(b) strengthening States' Indigenous Nuclear Security Support Infrastructure;

(c) strengthening States' Legislative and Regulatory Framework;

(d) strengthening Nuclear Security Systems and Measures for Nuclear and other Radioactive Materials;

(e) strengthening States' Institutional Infrastructure and Capabilities to Deal with Nuclear and Radioactive Materials out of Regulatory Control;

(f) strengthening States' Response and Resilience to Cyber Crime and Mitigating its Impact on Nuclear Security;

(g) enhancing education and training capacities in the field of Nuclear Security;

(h) ensuring focused and continuing support for the implementation and the universalization of the Amendment to the Convention on the Physical Protection of Nuclear Material.

3. Preparations for this Decision shall be based on the information already available to the IAEA and the results of the tasks conducted under previous Joint Actions and Decisions.

4. A detailed description of the projects is set out in the Annex. The lists of target countries shall be based on the definition of needs following an analysis of missing gaps as reflected in existing Integrated Nuclear Security Support Plans (INSSP), or on an accepted proposal by the IAEA Secretariat. The lists of beneficiary countries and of subregions should be defined by the Member States of the Union in consultation with the IAEA.

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 the Implementing Entity. It shall perform this task under the responsibility of the HR. For that 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 9 361 204,23.

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 Union budget.

3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that 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

1. 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.

2. The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).

Article 5

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

2. It shall expire 36 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, 21 December 2016. For the Council The President M. LAJČÁK

(1) Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (OJ L 302, 20.11.2003, p. 34).

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

(3) Council Joint Action 2005/574/CFSP of 18 July 2005 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 (OJ L 193, 23.7.2005, p. 44).

(4) Council Joint Action 2006/418/CFSP of 12 June 2006 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 the Proliferation of Weapons of Mass Destruction (OJ L 165, 17.6.2006, p. 20).

(5) Council Joint Action 2008/314/CFSP of 14 April 2008 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 (OJ L 107, 17.4.2008, p. 62).

(6) 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 (OJ L 259, 1.10.2010, p. 10).

(7) Council Decision 2013/517/CFSP of 21 October 2013 on the Union support for the activities of the International Atomic Energy Agency 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 (OJ L 281, 23.10.2013, p. 6).