1999/878/CFSP: Council Joint Action of 17 December 1999 establishing a European Union Cooperation Programme for Non-proliferation and Disarmament in the Russian Federation
Date: 1999-12-17
Institutions: Council of the European Union
Subjects: EU programme, Russia, cooperation agreement (EU), disarmament, non-proliferation of arms

23. 12. 1999

EN

Official Journal of the European Communities

L 331/11

COUNCIL JOINT ACTION

of 17 December 1999

establishing a European Union Cooperation Programme for Non-proliferation and Disarmament in
the Russian Federation

(1999/878/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Common Strategy of the European Union
on Russia (1) adopted by the European Council on 4 June 1999
which inter alia expressed the European Union's commitment
to promote disarmament and curbing of the profileration of
weapons of mass destruction (WMD), support for arms control,
the implementation of existing agreements and the strenth-
ening of export controls,

Having regard to the Treaty on European Union (TEU), and in
particular Article 14, in conjunction with Article 23(2) thereof,

— to cooperate with the Russian Federation in the latter's
pursuit of a safe,
secure and environmentally sound
dismantlement and/or reconversion of infrastructure and
equipment linked to its WMD;

— to provide a legal and operational

framework for an
enhanced European Union role in cooperative risk reduc-
tion activities in the Russian Federation through project-
orientated cooperation;

— to promote coordination as appropriate of programmes
and projects in this field at Community, Member State and
international

level.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The Agreement on partnership and cooperation estab-
lishing a partnership between the European Communi-
ties and their Member States, of one part, and the
Russian Federation, of the other part (2) promotes inter
alia an increasing convergence of positions on inter-
national
increasing
issues of mutual concern thus
security and stability;

The Union is prepared to promote cooperative risk
reduction activities and the safe and secure dismantle-
ment of WMD-related resources in Russia;

Such activities would take place in parallel with activities
carried out by the European Community and bilaterally
by the Member States;

All such activities should be coordinated to the greatest
possible extent to avoid unnecessary duplication;

European Union activities can also be undertaken in
cooperation with other countries;

The Commission has agreed to be entrusted with certain
tasks necessary for the implementation of
this Joint
Action,

HAS ADOPTED THE FOLLOWING JOINT ACTION:

Article 1

1.
A European Union Cooperation Programme for non-
profileration and disarmament in the Russian Federation (here-
inafter referred to as ‘the Programme’) is hereby established.

The objective of the Programme is to support the Russian
2.
Federation in its efforts towards arms control and disarmament
and, to that end:

(1) OJ L 157, 24.6.1999, p. 1.
(2) OJ L 327, 28.11.1997, p. 3.

Article 2

1.

The Programme shall contribute in the first phase to:

— a chemical weapons pilot destruction plant situated in

Gorny, Saratov region, Russia;

— a set studies and experimental studies on plutonium trans-

port, storage and disposition;

A full description of the activities above is set out respectively
in Annexes I and II.

2.
Other projects to be funded under the Programme (in the
biological, chemical and nuclear fields) in the future shall be
determined by the Council, on a recommendation of a Member
State and/or the Commision.

Article 3

1.
The Council shall entrust the Commission, for the dura-
tion of the Programme and subject to Article 5, with the task
of preparing the projects to be approved, as well as with
supervising their proper implementation. The Commission
shall report to the Council, on a regular basis and as the need
arises, under the authority of the Presidency assisted by the
Secretary-General of the Council, High Representative for the
CFSP.

2.
The Commission shall be assisted by a unit of experts.
The number of members of the unit and the expertise required
from them, as well as a definition of their tasks are set out in
the terms of reference appearing in Annex III. The Commission
shall establish as appropriate a Task Force in Moscow, in order
to:

— operate in close coordination with personnel working

under Community funded projects;

— as appropriate, carry out feasibility studies;

L 331/12

EN

Official Journal of the European Communities

23. 12. 1999

— liaise with the local authorities and with the representatives

Article 5

of other contributing countries;

— negotiate with the local authorities the arrangements neces-

sary for the implementation of the Programme;

— monitor the expenditure of the funds committed for the

implementation of the Programme;

— assist Member States in identifying and implementing bilat-

eral projects.

Article 4

1.
The financial reference amount intended to cover the
costs related to the establishment of the Programme shall be as
follows:
— EUR 8 900 000 for the years 1999 and 2000.

2.
The expenditure financed by the amounts stipulated in
paragraph 1 shall be managed in accordance with the European
Community procedures and rules applicable to the budget

The European Union shall finance the infrastructure and

3.
current expenditure of the Programme.

The Council notes that the Commission intends to direct
4.
its action towards achieving the objectives and the priorities of
this Joint Action, where appropriate by pertinent Community
measures.

The Council and the Commission shall ensure appro-
5.
priate coordination between the Programme, Community assis-
tance and the bilateral assistance provided by the Member
States.

This Joint Action shall be the subject to bilateral consulta-
6.
tions with Russia and other partners within the framework of
existing political dialogue meetings.

1.
The Council shall review annually the actions taken
pursuant to this Programme and shall take the necessary deci-
sions for the continuation of
the Programme beyond 31
December 2001. This review shall also assess Russian capabili-
ties to absorb and utilise increased assistance.

Independent evaluations and audit shall be conducted at

2.
periodic stages, depending on progress.

The Council may suspend the Programme if the Russian

fully with the

implementation of

the

3.
Federation fails:
— to cooperate
programme;

— to allow European Union monitoring and/or periodical

external evaluations and audit to that effect.

Article 6

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

It shall expire on the date of expiry of the European Union
Common Strategy on Russia unless the Council decides other-
wise in accordance with Article 5(1) of this Joint Action.

This Joint Action shall be published in the Official Journal.

Article 7

Done at Brussels, 17 December 1999.

For the Council

The President

K. HEMILÄ

23. 12. 1999

EN

Official Journal of the European Communities

L 331/13

ANNEX I

EU-Russia chemical weapons destruction project in Gorny

1. Background

In the framework of the implementation of the Chemical Weapons Convention (CWC), the Russian Federation is
committed to construct an industrial pilot chemical weapons destruction facility at Gorny.

The facility at Gorny (Saratov region) is one out of seven sites in the Russian Federation earmarked for the destruction
of chemical weapons. It is foreseen that the Gorny facility will process (destroy or recycle) 225 tonnes of lewisite, 690
tonnes of yperite and 210 tonnes of a lewisite-yperite mixture. This represents about 2,9 % of total stocks earmarked
by Russia for destruction under the Chemical Weapons Convention.

The Chemical Weapons Convention stipulates the total elimination of chemical weapons by 2007. However, against
the background of financial and economic problems the Russian Federation faces, this task is very complex and surely
requires expanded international support in view of meeting the commitments taken under the convention.

The site comprises a destruction and detoxification processing line for the detoxification and recycling of specific
mixtures. The technology for the destruction of lewisite on the basis of hydrolyse and electrolyse is established, leaving
arsine as end-product to be further utilised for industrial purposes. Some technical problems concerning the destruc-
tion of yperite and yperite/lewisite mixture require some further research.

Russian legislation stipulates that the construction of related social infrastructure must precede the construction of the
destruction facility itself. This law has been followed by the Gorny project. Much attention has been attached to
confidence building measures, including the establishment of an environmental monitoring mechanism, and related
projects to establish social acceptability of the destruction facility in the community. Measures comprise, among
others, the purification of water for the facility and the village, air purification, housing for military officers, soldiers
and workers, medical doctors and teachers. Delegations from Kambarka have visited the Gorny site. In particular,
social acceptability measures are considered as standard setting and have contributed to change public opinion in
Kambarka for the better.

The international community is assisting Russia in its efforts to implement the CWC. In particular at Gorny a
Russia-Germany joint chemical weapons destruction project supports the establishment of the destruction facility since
1993. Gorny production principles will be replicated at the Kambarka facility, where the same types of weapons are
stored and the same storage method applied. The Gorny facility plays thus an important role in catalysing chemical
weapons destruction in selected other sites. 6 400 tonnes of chemical weapons will be destroyed in Kambarka. So far,
48,5 million DM was spent on the German side for engineering, materials and special equipment. Support is provided
on the basis of annual appropriations firom the German Federal budget.

The Russian Federation takes over the funding of infrastructure, construction and deliveries. For the first time, in 1999,
the Russian contribution to the project outweighed the German contribution considerably. All 1999 budgetary means
earmarked for chemical weapons destruction were allocated to the Gorny project.

2. Status of construction and agenda for the finalisation of the Gorny facility

Progress has been evaluated and documented by the German side in August 1999. The report is very positive.
Construction advances rapidly. The ‘point of no return’ was apparently passed. The finalisation of the lewisite
destruction facility is foreseen for the end of 2000, and the finalisation of the yperite and lewisite/yperite mixtures
destruction facility is foreseen for the end of 2001.

Currently, 50 — 60 % of equipment is already delivered and stored at the Gorny facility. Installation depends on the
finalisation of relevant buildings. Construction has been completed up to about 90 %.

According to German assessments, additional funding in the order of EUR 15 million is required for purchase of
equipment in the next two years to come. The Russian delegation clarified that the Russian Federation is fully
committed to chemical weapons destruction. Swift foreign assistance can speed up the process and free funds for the
remaining six sites on which parallel activities are being prepared.

As regards Gorny, the launch of chemical weapons destruction in April 2001 seems realistic (instead of 1999 as
foreseen by the original master plan). According to Russian indications, this is due to the delayed ratification of the
Chemical Weapons Convention and lack of budgetary resources.

A European project would be highly welcome by the Russian authorities in view of addressing specific bottlenecks in
finalising the facility and making it operational.

L 331/14

EN

Official Journal of the European Communities

23. 12. 1999

3. Components of the EU-Russia chemical weapons destruction project in Gorny

The Commission hosted an ad hoc experts meeting on 19 November 1999 in Brussels. Russian and German experts
and project managers agreed on three project components to be addressed and funded as a matter of priority, thus
allowing smooth continuation of the project according to schedule. Project components were identified, in order of
priority, as follows:

1999 EU-Russian Chemical Weapons Destruction Project Gorny

Component

Project Title

Cost estimate
(in millions of euro)

Up to 1,65

Final fitting and technical installation of equipment,
establishment of connections (incl. pipes, electrical
systems, canalisation…) and related engineering

Purchase of filter boxes for air purification related to
the chemical destruction process

Special equipment for draining technological trans-
portation containers from storage to destruction line

Up to 2,9

Up to 1,25

Component 1

Component 2

Component 3

Further details:

Component 1: Main equipment parts are available. Construction of buildings (‘building 1/1 ’) is well advanced. Special
expertise is required for the final installation and fitting of equipment and related connections. Supervision of works is
to be contracted out to a European integrator. Sub-contracts are to be concluded by the European integrator with
Russian companies for implementation purposes.

Component 2: Filter boxes are to be installed in view of limiting air pollution through by-products set free in the
destruction and recycle process. Boxes include coal fillings and special equipment for filling/emptying the filters with
coal.

Component 3: Given the high risks related to the transportation of chemical weapons of mass destruction, specific
equipment is required for the transportation from interim storage at the facility to the destruction line.

Procurement: Components 2 and 3 are to be tendered according to EU procurement legislation. Given the technolog-
ical and technical specifics of the equipment already delivered for the destruction line, Component 1 is to be
contracted out on the basis of a direct agreement to the company that has produced and delivered the equipment to be
installed. Final decision on the funding of the three components will be taken against the availability of sufficient
financial resources under the Joint Action.

Project management: In order to ensure compatibility and complementarity of the EU-Russia Gorny chemical weapons
destruction project with main Russia-Germany project, the management of the EU-Russia project is to be entrusted to
the German project manager (‘Auswärtiges Amt’ (Foreign Office) in cooperation with ‘Bundesamt für Wehrtechnik and
Beschaffung’ (Federal Office for Arms Technology and Procurement)) in close cooperation with the Ministry of Defence
of the Russian Federation as a state customer for this facility. Close consultation with and regular reporting to the Head
of the Policy and Project coordination section appointed under the Joint Action (Annex III) is to be ensured. The latter
is to be associated to all bilateral meetings and consultations related to the EU-Russia project.

23. 12. 1999

EN

Official Journal of the European Communities

L 331/15

ANNEX II

EU-Russia Nuclear weapons related action

1.

Background

Duration: 9 months, Budget: up to EUR 500 000.

The proper management of the weapons plutonium released by
the disarmament is of critical importance in the framework of the
non-proliferation objective.

2.2. Support for defined Russian organisations to build their tools and exper-
tise required for the licensing of short term plutonium disposition in
Russia.

The European Commission has, since 1993 and reinforced by the
conclusions on plutonium management of the G8 NPEG meeting
of Paris in October 1996, started discussions with the Russian
Minatom (owner of the plutonium once released by the Ministry of
Defence) with the objective of analysing the different ways of using
the plutonium as fuel for reactors. Different study projects were
financed, mainly through the International Science and Tech-
nology Centre. A coordination mechanism was
established
through a Contact Expert Group, assembling the concerned
Russian organisations, western partners and representatives of
other main international programs working with the Russians on
(France-Germany-Russian Federation (RF), United
the subject
States-Russian
Federation
programmes).

Federation,

(J)-Russian

Japan

As a result of this coordination activity, the Community is able to
propose a specific set of studies and experimental studies which
would clearly support the Russian side in proceeding on a timely
basis with the disposition of their weapons grade plutonium.

2.

Set of studies and experimental studies

2.1. Drafting of a detailed Short Term Action Plan for the Pu disposition

The political agenda (on going United States-Russian Federation
negotiations and the discussions at the G8 NPEG level) considers
the year 2008 to start the commercial operation of plants with
fuel containing ex-weapons plutonium.

A workshop organised jointly by the Commission and Minatom
end October 1999 has shown that different partial action plans
were developed by different organizations within different
programs, but that there is a clear need to assemble all the pieces,
to establish consistency between the projects and to fill the gaps,
in order to get a fully integrated, exhaustive and agreed (by all
concerned) plan for action. Such a plan must include the licensing
aspects and therefore must involve, as main players, the plant
operators (who will have the responsibility of using plutonium in
their reactors) and the safety authority (who will have the responsi-
bility of authorising the plant operation with plutonium fuel).

The study supports the designated Russian organisations (in line
with the share of responsibilities for licensing) in drafting such an
integrated action plan. EU specialists having the expertise of
designing,
licensing and operating reactor fuel with plutonium
would be contracted to work with the Russian counterparts.

The result could be the integrated, detailed and agreed action plan.
level,
Such a plan would then be recognised at
including at G8 level and foster the timely implementation of the
political agenda.

international

There is no reason to wait for the action plan to be finalised to
launch some specific studies and experimental studies which
already today are recognised by specialists as being on the critical
path for the timely achievement of the political agenda. Among
them two might be retained:

— Support to the Russian side (MINATOM, IPPE, Kurchatov Insti-
tute) to design a required experimental critical facility (not
existing today) to validate the use of plutonium as fuel for
VVER reactors, and certify the calculation codes.

Duration: 1,5 years, Budget: up to EUR 1 million.

— Support to the Russian side (MINATOM, RIAR) for irradiation
experiments in existing research reactors. This would be partic-
ularly important
lead test
assemblies at the Balakovo reactors.

the timely usage of

to support

Duration: 1 year, Budget: up to EUR 300 000.

2.3. Study of the ways and means for transport and intermediate storage of

the weapons grade Plutonium.

The study would mainly analyse the technical feasibility for trans-
port and storage in existing installations and/or in new purpose-
built installations. The economic aspects (costs) and non-prolifera-
tion aspects (risks of diversion and safeguards requirements) would
be analysed in depth. As a result recommendations would be made
for the most effective and safest ways to transport and store the
plutonium on an interim basis.

Duration: 1 year, Budget: up to EUR 200 000.

2.4. Medium term perspective for plutonium disposition.

The Gas Turbine Modular Helium Temperature Reactor (GT MHR)
is an advanced development based on proven technology.
Its
ability to work without uranium (only plutonium) makes it highly
efficient as plutonium burner. Moreover, it presents inherent safety
characteristics and a high efficiency (50 %) for electricity and heat
production.

Such a reactor is envisaged to be built at Tomsk to replace the
Military Reactors still producing Weapons Plutonium and which
for the local
can not be stopped as they also produce heat
community. An international Consortium grouping European
Union, Russian, United States and Japanese industries has been
created to support the development and the demonstration of key
technologies,

including on the fuel design side.

A specific analysis should be performed to determine the fuel and
reactor design specifics required to maximise the effectiveness of
plutonium burning. As a result, an action plan should be drafted
allowing the definition of future priorities for further projects and
supporting the decision on larger investments for the future devel-
opment.

Duration: 1 year, Budget: up to EUR 300 000.

L 331/16

EN

Official Journal of the European Communities

23. 12. 1999

ANNEX III

Terms of Reference for a unit of experts under the EU Cooperation Programme for non-proliferation and
disarmament in the Russian Federation

The Commission is entrusted with setting up a unit of experts under, and for the duration of, the EU Cooperation
Programme for non-proliferation and disarmament in the Russian Federation, which will comprise a Policy and Project
Coordination Section at the Commission in Brussels and a project assistance team based in Moscow, reporting to the
Policy and Project Coordination Section at Brussels.

Experts for the Unit will be identified and appointed by the Commission. The decision will be taken in close cooperation
with Member States and the Secretary General/High Representative (SG/HR), on the basis of job descriptions and selection
criteria to be drafted by the Commission.

Required experts' qualifications would comprise the following elements:

The Policy and Project Coordination Section in Brussels will comprise 4 EU experts, including the Head of Section, to be
administratively supported by one secretary. The Moscow based project assistance team will comprise one EU expert and
one local Russian technical expert.

The Head of Section will assume overall responsibility for the implementation of the Joint Action. He will maintain close
relations with the EU Presidency, the Member States and the SG/HR, according to detailed rules to be agreed upon.

Tasks related to policy and project coordination and development comprise inter alia the following:

— support coordination of assistance projects and related policies at Community and Member States levels;

— function as point of contact for international

initiatives, supported by the Commission Joint Research Centre;

— establish a database of projects funded by the European Union and Member States;

— establish and maintain a database on EU experts, broken down by policy areas;

— establishing a network of Member States points of contact, supplementing the competent Council working groups as

regards the implementation of the Joint Action and related activities;

— prepare and submit quarterly progress reports.

Sectoral tasks will cover inter alia the following:

— drawing up a comprehensive sector report;

— providing an in-depth analysis on sectoral core problems;

— identifying projects to address core problems;

— preparing projects to be submitted to the Council in view of possible future funding under follow-up measures to the

Joint Action;

— finalising and implementing projects identified for funding, as appropriate, in close cooperation with the Moscow

based project assistance team.

Specific tasks of the Moscow based project assistance team will comprise:

— close cooperation with personnel working under EU funded projects;

— as appropriate, support to the elaboration of feasibility studies;

— liaise with the local authorities and with the representatives of other contributing countries;

— negotiate with the local authorities the administrative arrangements necessary for the implementation of

the

Programme;

— assist Member States in identifying and implementing bilateral projects;

— facilitating specialised technical assistance.