Council Joint Action 2004/796/CFSP of 22 November 2004 for the support of the physical protection of a nuclear site in the Russian Federation
Date: 2004-11-22
Institutions: Council of the European Union
Subjects: EU aid, Russia, common foreign and security policy, cooperation policy, joint action, nuclear fuel, nuclear safety, storage, weapon of mass destruction

25.11.2004

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Official Journal of the European Union

L 349/57

COUNCIL JOINT ACTION 2004/796/CFSP

of 22 November 2004

for the support of the physical protection of a nuclear site in the Russian Federation

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

Having regard of
particular Article 14 thereof,

the Treaty on European Union, and in

The Presidency, assisted by the Secretary-General of the Coun-
cil/High Representative for the CSFP, shall be responsible for the
implementation of this Joint Action.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The European Union Cooperation Programme for Non-
proliferation and Disarmament in the Russian Federation,
adopted in the framework of
the Common Strategy
the European Union of 4 June
1999/414/CFSP of
1999 on Russia (1) and established by Council
Joint
Action 1999/878/CFSP (2), ended on 24 June 2004.

The EU Strategy against the Proliferation of Weapons of
Mass Destruction which was adopted by the European
Council on 12 December 2003 contains, in its Chapter
III, a list of measures to combat such proliferation and
which needs to be taken both within the European
Union and in third countries.

In line with Chapter III of the EU Strategy against the
Proliferation of Weapons of Mass Destruction,
the
European Union must make use of all
its instruments
to prevent, deter, halt, and if possible eliminate prolif-
eration that causes concern at global level.

The physical protection of nuclear materials and facilities,
including obsolete reactors and their spent fuel is one of
the specific measures contained in the EU Strategy
against the Proliferation of Weapons of Mass Destruction.

To ensure coherence of the European Union's external
actions, its activities should take place in a coordinated
way with activities
the European
Community and Member States.

carried out by

Measures to reinforce the physical protection of Russian
nuclear sites have been already undertaken by Federal
Republic of Germany,

HAS ADOPTED THIS JOINT ACTION:

Article 1

The objective of this Joint Action is to support a project for the
implementation of physical protection measures at the Bochvar
Institute in Moscow of the Russian Federal Agency for Atomic
Energy. A detailed description of the objectives and activities
envisaged by the project are set out in Annex I.

(1) OJ L 157, 24.6.1999, p. 1. Common Strategy as amended by
(OJ

the European Council

Common Strategy 2003/471/CFSP of
L 157, 26.6.2003, p. 68).

(2) OJ L 331, 23.12.1999, p. 11. Joint Action as amended by Decision

2002/381/CFSP (OJ L 136, 24.5.2002, p. 1).

Article 3

The Federal Republic of Germany shall be responsible for the
technical implementation of this Joint Action in the framework
of its bilateral programme in this area.

Article 4

The financial reference amount intended to cover the costs
this Joint Action shall be EUR

1.
for the implementation of
7 937 000.

2.
The Commission shall be entrusted with the task of
controlling and evaluating the financial aspects of the imple-
mentation of this Joint Action.

The management of

3.
the expenditure financed by the
general budget of the European Union specified in paragraph
1 shall be subject
the
Community applying to budget matters with the exception
that any pre-financing shall not remain the property of the
Community.

to the procedures and rules of

4.
The Commission shall be assisted by one expert, whose
responsibilities are set out in Annex II, in the fulfilment of its
tasks under this Article.

Article 5

The Council and the Commission shall ensure appropriate coor-
dination between this Joint Action, other Community assistance
and any other bilateral assistance provided by Member States.

Article 6

1.
The Presidency, assisted by the Secretary-General of the
Council/High Representative for the CFSP, shall report to the
Council every six months on the implementation of this Joint
Action and on the basis of the reports provided by the imple-
menting entity referred to in point 5 of Annex I. These reports
shall also assess the capacity of the Russian Federation to absorb
and utilise the assistance provided. The Commission shall be
fully associated in the reporting and other related tasks.

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The Council may decide to suspend the implementation of

2.
the project if the Russian Federation fails:

(a)

to cooperate fully in the implementation of
Action;

this Joint

(b) to allow European Union's monitoring and/or evaluations

and audits to that effect;

Article 7

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

its

It shall expire three years after the date of its adoption, unless
the Council decides otherwise.

Article 8

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

Done at Brussels, 22 November 2004.

(c)

to meet its obligations under the Agreement on Partnership
and Cooperation establishing a Partnership between the
European Communities and their Member States, of one
part, and the Russian Federation, of the other part (1).

For the Council
The President

B. R. BOT

(1) OJ L 327, 28.11.1997, p. 3.

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Official Journal of the European Union

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SUPPORT OF PHYSICAL PROTECTION OF NUCLEAR SITES IN RUSSIA

ANNEX I

1. Background

On 12 December 2003, the European Council adopted the EU Strategy against the Proliferation of Weapons of Mass
Destruction which, inter alia, expresses the desire of the European Union to promote a stable international and regional
environment by reinforcing Union cooperative threat reduction programmes with other countries, targeted at support for
disarmament, control and security of sensitive materials, facilities and expertise.

The physical protection of nuclear materials and facilities, including obsolete reactors and their spent fuel is one of the
specific measures contained in the EU Strategy against the Proliferation of Weapons of Mass Destruction.

Furthermore efforts have been made in the field of physical protection of nuclear sites in the Russian Federation under
international initiatives. Among Member States, Germany has been particularly active in this area.

2. Description

The project will
complements the bilateral projects implemented by Germany in the Russian Federation.

finance the implementation of physical protection measures at one nuclear site in Russia. This

The plant of Bochvar Institute (VNIINM), located in Moscow, contains fissile materials which need to be secured from any
attempt of diversion. A new, reinforced and secure storage will be constructed to that end. This storage will be equipped
with modern, specialised protection measures like access control systems and physical barriers.

The project will finance the design and construction of the secure storage and the purchase and installation of its
specialised physical protection equipment. For evident
the exact description of activities and
equipment cannot be disclosed. Typical pieces of equipment are e.g. perimeter fences, access control systems, physical
barriers, control and monitoring systems.

security reasons

3. Objectives

Overall objective: To contribute to reinforcing the physical protection of nuclear sites in Russia, so as to reduce the risk of
theft of nuclear fissile material and of sabotage.

Project purpose: To improve the physical protection for fissile materials at the Bochvar Institute in Moscow (VNIINM) of
the Russian Federal Agency for Atomic Energy FAAE (formerly MINATOM).

Project results: To deliver and install a new secure storage for fissile materials equipped with specialised protection
measures.

4. Beneficiaries

The main entities benefiting from the outcome of the project are the Federal Agency for Atomic Energy (FAAE) and the
Bochvar Institute (VNIINM).

5. Member State entity to be entrusted with the technical implementation of the project

Member State: Federal Republic of Germany

Implementing entity: Federal Ministry of Foreign Affairs (Auswärtiges Amt), assisted in monitoring the project by the
Bundesamt für Wehrtechnik und Beschaffung. Technical project implementation tasks will be performed by the company
GRS (Gesellschaft für Anlagen- und Reaktor-Sicherheit mbH).

6. Third party participants

The Russian Federation will provide an amount equivalent to EUR 7 730 000. The overall cost of the equipped secure
storage is estimated at EUR 13 000 000.

GRS experts will supervise the implementation of the tasks assigned to be performed by Russian entities and ensure full
coherence with activities financed by Germany and the Russian Federation. Equipment will be provided by companies
having the necessary certification from the Russian authorities.

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7. Required means

Components and services for the construction of the new secure storage and specialised physical protection equipment.

EUR 5 750 000 for the construction of the central storage and EUR 1 840 000 for the purchase of specialised physical
protection equipment. In addition, the overall project costs include an amount of EUR 40 000 to cover travel costs and
allowances of the implementing entity, directly related to the management of the project, as well as translation costs. A
contingency reserve of EUR 100 000 is also foreseen.

8. Duration

The planned duration of the project is three years.

9. Reporting

The implementing entity will prepare:

— an inception report after the first six months of implementation,

— progress reports every six months during the duration of the project,

— a final report two months before the completion of the tasks.

Reports will be sent to the Secretary-General of the Council/High Representative for the CFSP and to the Commission.

10. Financial reference amount to cover the cost of the action

The total cost of the project is EUR 7 937 000.

BUDGET FOR THE PROJECT

Budget Heading

Thousands of EUR (1)

I. Construction of central storage:

(a) technical description and design

(b) dismantling of old storage

(c) studies and dossier for licensing

(d) main construction works

(e) construction fitting and commissioning

(f) GRS engineering support for construction

Subtotal I

II. Specific protection equipment:

(a) specifications of equipment

(b) equipment, consisting of:
— perimeter security
— access control system
— physical barriers (doors, windows)
— control and monitoring system security
— radiation monitoring

(c) licensing, commissioning, reception of equipment

(d) installation of equipment

(e) GRS engineering support

Subtotal II

300

500

200

3 000

1 000

750

5 750

100

1 100

400

200

100

200

200

100

300

240

1 840

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Budget Heading

Thousands of EUR (1)

III. Costs of the implementing entity:
— travel (and allowance) costs (2)
— translation costs (3)

IV. Contingencies (4)

V. Total cost of one expert (Article 4(4))

Subtotal III + IV

30

10

100

140

207

(1) Maximum estimates.
(2) Missions for the personnel of the implementing entity, directly related to the implementation.
(3) Translation of contractual documents and correspondence from English to German and vice-versa.
(4) Only to be used with the prior written approval of the Commission.

TOTAL I - V

7 937

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TERMS OF REFERENCE FOR THE EXPERT REFERRED TO IN ARTICLE 4(4)

ANNEX II

In accordance with Article 4, the Commission will be assisted by one expert.

This expert will be selected by the Commission, in cooperation with the Presidency assisted by the Secretary General/High
Representative for the CSFP and the Federal Republic of Germany.

As provided in Article 4, the expert will assist the Commission in implementing the project related to the support of the
physical protection of a nuclear site in the Russian Federation.

The expert might be proposed by the Member States as seconded national expert or, as an alternative, be recruited by the
Commission as auxiliary or contract staff of the Commission.

He/She will be based in Brussels.
temporarily in another location at a Delegation of the Commission.

If required for the effectiveness of the implementation, he/she might be placed

The expert will provide expertise to the Commission to fulfil its tasks under Article 4, with respect to:

— the financial supervision, control and evaluation of the project,

— the assessment of the progress in the implementation of the project,

— the liaison with the Russian authorities as required, therefore facilitating the effective implementation of the Joint

Action.

Upon request the expert will provide the Presidency, the Secretary General/High Representative for the CSFP or the
Government of the Federal Republic of Germany with expert advice for their tasks under the Joint Action.

The total cost of expertise for the three year period is EUR 207 000.