Proposal for a Council Decision adopting a multiannual programme (1998-2002) of actions in the nuclear sector, relating to the safe transport of radioactive materials and to safeguards and industrial cooperation to promote certain aspects of the safety of nuclear installations in countries currently participating in the TACIS programme (SURE programme) (98/C 261/05) (Text with EEA relevance) COM(1998) 423 final - 98/0234(CNS)

(Submitted by the Commission on 15 July 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the desire to promote safeguards for the use of nuclear materials and a high degree of safety is one of the fundamental objectives of Community energy policy in the nuclear field; whereas a specific programme to promote actions relating to safeguards and nuclear safety should therefore be implemented within the multiannual framework programme for actions in the energy sector (1998-2002);

Whereas the use of nuclear energy to produce electricity and the increasing use of radioactive materials in the health sector, industry and research mean that more radioactive materials are being transported; whereas the desire to increase safety in the nuclear field must therefore lead to an improvement in the conditions under which radioactive materials are transported;

Whereas the Community cannot disregard the situation prevailing in the nuclear sector in the countries participating in the TACIS programme; whereas it can help to implement nuclear safeguards in those countries by passing on the benefits of its experience and to promote a high degree of safety in the design and operation of nuclear equipment by encouraging industrial cooperation;

Whereas it is politically and economically desirable to open up the programme to associated Central and Eastern European countries, in accordance with the conditions of the European Council held in Copenhagen in June 1994 and as stated in the communication on this subject presented to the Council by the Commission in May 1994, as well as to Cyprus;

Whereas the Treaty establishing the European Atomic Energy Community does not provide powers for the adoption of this programme other than those in Article 203;

HAS ADOPTED THIS DECISION:

Article 1

1. Within the framework programme for actions in the energy sector a specific programme of actions in the nuclear sector, relating to the safe transport of radioactive materials and to safeguards and industrial cooperation to promote certain aspects of the safety of nuclear installations in countries participating in the TACIS programme, hereinafter referred to as 'SURE`, shall be implemented by the Community for the period 1998-2002.

2. Apart from the priority objectives referred to in Article 1(2) of the Council decision adopting a multiannual framework programme for actions in the energy sector, the objectives of the SURE programme shall be:

(a) to improve the conditions for the safe transport of radioactive materials in the European Community;

(b) to help to establish in countries participating in the TACIS programme an effective and reliable system of safeguards through cooperation measures;

(c) to promote industrial cooperation with those countries and the exchange of know-how within the nuclear industry to help them achieve internationally recognised high safety standards for nuclear equipment and installations.

Article 2

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Article 3

In order to achieve the objectives referred to in Article 1, the Community shall contribute in particular to the funding of actions which:

1. in the field of the safe transport of radioactive materials:

- facilitate the functioning of the internal market by identifying those harmonisation measures which are called for;

- help to improve legislation further by developing experimentation and know-how;

- evaluate technical aspects of incidents which have occurred during transport and learn the lessons for the future;

- make emergency procedures relating to transport more consistent and give those involved more training;

- cooperate with countries participating in the TACIS programme to help them improve transport safety in these countries;

- improve public information, comprehension and awareness in this area.

2. In the field of safeguards in countries participating in the TACIS programme:

- training, familiarisation, testing, retraining and technological upgrading of experts from those countries in the matter of nuclear safeguards;

- cooperation on the implementation of accounting and control systems for nuclear materials;

- installation of modern logistical, evaluation and control equipment and the training relating thereto

3. In the field of industrial cooperation on nuclear matters with the countries participating in the TACIS programme:

- analyse the industrial, administrative, legal and financial context specific to each of them;

- encourage industrial cooperation measures capable of transferring European nuclear safety technology;

- facilitate the cooperation of partners from the European Community and countries participating in the TACIS programme in the development of joint industrial projects.

Article 4

The level of funding for the actions and measures referred to in Article 3 shall be between 80 and 100 % of their total cost.

Article 5

1. The Commission shall be responsible for the financial execution and implementation of the SURE programme.

2. For the purposes of financial execution and of implementing the programme, the Commission shall be assisted by the Committee referred to in Article 4 of the Council Decision adopting the multiannual framework programme for actions in the energy sector.

Article 6

The examination and internal and external assessment of the implementation of this programme shall be carried out in accordance with Article 5 of the Council Decision adopting a multiannual framework programme for actions in the energy sector.

Article 7

The SURE programme shall be open to participation by associated Central and Eastern European countries (CEEC) in accordance with the conditions, including financial provisions, laid down in the additional protocols to the Association Agreements or in the Association Agreements themselves relating to participation in Community programmes. The programme shall also be open to participation by Cyprus, on the basis of additional appropriations, under the same rules as those applied to EFTA/EEA countries, in accordance with procedures to be agreed with that country.

Article 8

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 9

This Decision is addressed to the Member States.