Communication from the Commission - Summary of the activities carried out during 2004 and 2005 in implementation of Title II, Chapters 3 to 10, of the Euratom Treaty {SEC(2006) 942}
Date: 2006-07-14
Institutions: European Commission
Subjects: EU relations, activity report, drafting of EU law, nuclear policy, nuclear safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.7.2006 
COM(2006) 395 final 

COMMUNICATION FROM THE COMMISSION 

Summary of the activities carried out during 2004 and 2005 in implementation of Title 
II, Chapters 3 to 10, of the Euratom Treaty 

{SEC(2006) 942} 

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TABLE OF CONTENTS 

1. 

2. 

3. 

Introduction .................................................................................................................. 4 

Reorganisation of the Commission’s Services............................................................. 4 

Policy and Legal Developments................................................................................... 5 

3.1. 

Status of Commission Legislative Proposals ............................................................... 5 

3.1.1.  Nuclear Package........................................................................................................... 5 

3.1.2.  Shipments Directive ..................................................................................................... 5 

3.1.3.  The new Safeguards Regulation................................................................................... 5 

3.2. 

Implementation of legislation – Infringements ............................................................ 6 

3.2.1.  Legal developments ..................................................................................................... 6 

3.2.2.  Transposition of legislation and Infringements............................................................ 6 

4. 

5. 

Enlargement ................................................................................................................. 6 

General Developments in the nuclear field within the EU .......................................... 7 

5.1. 

Decommissioning, Waste Management and Transport ............................................... 7 

5.1.1.  Decommissioning......................................................................................................... 7 

5.1.2.  Radioactive waste......................................................................................................... 8 

5.1.3.  Transport of radioactive material ................................................................................. 8 

5.2. 

Nuclear Safeguards ...................................................................................................... 8 

5.2.1.  Safeguards inspections ................................................................................................. 8 

5.2.2.  Additional Protocols..................................................................................................... 9 

5.3. 

Radiation Protection................................................................................................... 10 

5.3.1.  Activities under Article 31 Euratom Treaty............................................................... 10 

5.3.2. 

Implementation of Euratom requirements on environmental radioactivity ............... 10 

5.3.3.  Emergency preparedness............................................................................................ 11 

5.4. 

Supplies of nuclear materials ..................................................................................... 11 

6. 

International Cooperation........................................................................................... 12 

6.1. 

Agreements with Third Countries.............................................................................. 12 

6.1.1. 

Japan........................................................................................................................... 12 

6.1.2.  Ukraine....................................................................................................................... 12 

6.1.3.  Kazakhstan ................................................................................................................. 12 

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6.1.4.  Uzbekistan.................................................................................................................. 12 

6.2. 

International Conventions .......................................................................................... 12 

6.2.1.  Nuclear Safety Convention ........................................................................................ 12 

6.2.2. 

Joint Convention ........................................................................................................ 13 

6.2.3.  Convention on the Physical Protection of Nuclear Material (CPPNM) .................... 13 

6.2.4.  Convention on Early Notification of a Nuclear Accident and Convention on 

Assistance in the case of a Nuclear Accident or Radiological Emergency................ 13 

6.3. 

Cooperation with IAEA and other international organisations.................................. 13

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COMMUNICATION FROM THE COMMISSION 

Summary of the activities carried out during 2004 and 2005 in implementation of Title 
II, Chapters 3 to 10, of the Euratom Treaty 

1. 

INTRODUCTION  

This Communication describes the activities carried out by the Directorate General for Energy 
and  Transport  (DG  TREN),  Directorate  H  (Nuclear  Energy)  and  Directorate  I  (Nuclear 
Safeguards), as part of the Commission’s activities under the Euratom Treaty (hereinafter “the 
Treaty”). DG TREN is responsible for the implementation of the majority of the provisions of 
the  Euratom  Treaty  Title  II,  (Chapters  3  to  10),  covering  Nuclear  Safety,  Investment,  Joint 
Undertakings,  Safeguards  and  External  Relations.  This  communication  also  includes  a 
summary  of  the  activities  of  the  Euratom  Supply  Agency  (ESA)1.  Activities  related  to  the 
promotion of research can be found in the annual activity reports2 of DG RTD and JRC. The 
preparation  and  implementation  of  the  TACIS  programme  falls  under  the  responsibility  of 
both  DG  RELEX  and  DG  AIDCO3,  PHARE  is  managed  by  DG  ELARG4.  Euratom  loans 
attribution is managed by DG ECFIN5. The work of two on-site laboratories (at La Hague and 
Sellafield) in reprocessing plants is supervised by JRC and financed by DG TREN. 

2. 

REORGANISATION OF THE COMMISSION’S SERVICES 

Since  the  creation  of  Directorates  H  and  I  in  2003,  the  reorganisation  of  the  Commission’s 
services in the nuclear domain continued to evolve. Competencies and staff dealing with legal 
and  technical  issues  as  well  as  international  relations  and  trade  in  the  nuclear  field  were 
regrouped  at  the  Luxembourg  site.  As  a  result,  only  the  services  dealing  with  the  Euratom 
Research Programme and the TACIS programme are based in Brussels. Directorate H deals 
mainly with negotiation of international agreements and conventions, implementation of the 
Treaty and its derived legislation, technical aspects of the nuclear fuel cycle, management and 
reporting of nuclear material accountancy and radiological protection. Directorate I plans and 
carries  out  safeguards  inspection  activities,  including  logistical  support.  The  ESA  is 
responsible for ensuring a regular and equitable supply of nuclear fuels for Community users 
by means of a common supply policy. It was also relocated in Luxembourg during 2004. 

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Annual Report available on request or at http://europa.eu.int/comm/euratom/index_en.html 
For  DG  Research  (RTD):  http://europa.eu.int/comm/research/;  for  the  Joint  Research  Centre  (JRC): 
http://www.jrc.cec.eu.int/ 
DG RELEX: External Relations, DG AIDCO: Europe Aid and Cooperation 
DG ELARG: Enlargement 
DG ECFIN: Economic and Financial Affairs 

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3. 

POLICY AND LEGAL DEVELOPMENTS  

3.1. 

Status of Commission Legislative Proposals 

3.1.1.  Nuclear Package  

The Commission participated actively to the discussions at the Council and the Parliament on 
its  proposals  for  Council  Directives  on  the  safety  of  nuclear  facilities  and  the  safe 
management  of  spent  fuel  and  radioactive  waste,  presented  in  2003.  Two  revised  proposals 
were  adopted  by  the  Commission  on  08.09.20046,  taking  into  account  the  Parliament’s 
positions  and  discussions  at  the  Council.  Despite  a  favourable  opinion  of  the  European 
Parliament  and  a  support  of  these  proposals  by  a  majority  of  the  Council,  the  requested 
qualified majority is not reached and no further discussion on the revised proposals took place 
at the Council, neither in 2004 nor in 2005. 

Instead,  an  “Action  Plan  on  Nuclear  Safety  and  the  Safe  Management  of  Spent  Fuel  and 
Radioactive  Waste”  was  set  out  on  the  basis  of  the  Council  Conclusions  of  June  2004  to 
review the issues involved. A Working Party on Nuclear Safety, established for this purpose, 
is  preparing  a  technical  report  (scheduled  for  the  end  of  2006).  The  Commission  services 
participate to this process. 

3.1.2. 

Shipments Directive  

The Commission adopted a Proposal7 for a Council Directive on the control of shipments of 
radioactive waste and spent fuel, intended to replace the existing Directive 92/3. The proposed 
Directive,  which  should  also  apply  to  spent  fuel  intended  for  reprocessing,  simplifies 
procedures while ensuring consistency with the Basic Safety Standards (BSS) Directive and 
International Conventions. In November 2004, the proposal was transmitted to the EESC8 for 
opinion9. A final proposal was adopted and transmitted to the Council in December 200510. 

3.1.3.  The new Safeguards Regulation 

The  discussions  on  the  new  Safeguards  Regulation11  were  finalised  in  April  2004.  The 
Council  of  Ministers  approved  the  Regulation  on  30.04.2004.  The  procedure  for  its  final 
adoption by the Commission was engaged immediately thereafter. Translation into all official 
languages delayed its publication until 28.02.2005. It entered into force on 20.03.2005. 

The  Commission  adopted12  –  in  the  form  of  a  recommendation  –  Guidelines  for  the 
application  of  the  new  Euratom  Safeguards  Regulation,  summarising  the  explanations, 
understandings and agreements reached with the Member States, and providing nuclear plant 
operators with non-binding guidance. 

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COM(2004) 526 of 8.9.2004 
COM(2004) 716 of 12.11.2004 
European Economic and Social Committee 
COM(2004) 716 final – 2004/0249 (CNS) 
COM(2005) 673 final of 21.12.2005 
Regulation (Euratom) n°302/2005 
C(2005) 5127 of 15.12.2005 

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3.2. 

Implementation of legislation – Infringements 

3.2.1.  Legal developments 

Just before the end of 2003 two important pieces of legislation were finalised. 

The  Council  Directive  on  the  control  of  high-activity  sealed  sources  (HASS)  and  orphan 
sources13  was  acknowledged  internationally  as  an  important  achievement  (G8,  IAEA), 
meeting concerns for malevolent use of medical or industrial sources. A workshop organised 
in March 2005 dealt with the difficulties encountered by the Member States when transposing 
the Directive. By 31 December 2005, transposition deadline, 19 Member States had notified 
the  draft  national  measures  implementing  the  Directive,  as  provided  for  in  Art.  33  of  the 
Treaty; 5 of these Member States had further adopted and notified the final measures. 

The Commission Recommendation14 on standardised information on radioactive airborne and 
liquid discharges into the environment from nuclear power reactors and reprocessing plants in 
normal operation helped to define the specifications of a new database now being constructed. 

3.2.2.  Transposition of legislation and Infringements 

The  Commission  made  an  extensive  evaluation  of  the  implementation  of  the  Treaty  and 
secondary legislation derived there from for both 2004 and 2005. 

Under Treaty Art. 141-143, 13 new cases were opened. A total of 29 infringement procedures 
were treated regarding the lack of respect of provisions on health and safety (Title II, Chapter 
3 of the Treaty), Safeguards (Title II, Chapter 7) and External Relations (Title II, Chapter 10). 

Specific  failures  were  addressed  with  the  specific  means  provided  for  in  Chapter  7.  The 
Commission adopted a Directive under Art. 82 of the Treaty, asking the country concerned to 
guarantee the accounting of all nuclear materials and its accessibility to Euratom inspectors. 
The national authorities reply not being satisfactory, the Commission decided to refer the case 
to the Court of Justice. 

In another case, the Commission adopted a Decision under Art. 83 of the Treaty to impose a 
sanction  (under  Art.  83(1)(a)  on  the  operator  of  a  nuclear  installation  that  had  failed  to 
satisfactorily fulfil its obligations. 

The  information  on  other  cases  is  in  Annex  (Listed  in  the  Commission  Staff  Working 
Document). 

4. 

ENLARGEMENT 

During  2004  and  the  first  half  of  2005,  special  attention  was  given  to  prepare  the 
implementation  of  Euratom  safeguards  in  the  new  Member  States.  An  informatics 
programme, designed to facilitate the reporting requirements for the new Member States was 
developed, taking into account the new Safeguards Regulation mentioned above. Deployment 
of the corresponding hardware and software started in the second half of 2004. It is expected 

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OJ L 346, 31.12.2003, p. 57 
OJ L 2, 6.1.2004, p. 36 - 46 

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that full implementation and routine use by new Member States’ operators will take place as 
from early 2006. 

Regular contacts with State authorities and nuclear operators were enhanced in order to ensure 
a  smooth  transition  from  Safeguards  implementation  reporting  under  bilateral  Agreements 
with  IAEA  to  Safeguards  implementation  under  the  Member  States/  Euratom/  IAEA 
Agreement. 

Special attention was also paid to future inspection activities in the new Member States. The 
nuclear industries of these States are mostly limited to power reactors and storage facilities. A 
programme of fact-finding and technical missions was undertaken. 

The  EU  has  repeatedly  emphasised  the  importance of  a  high  level  of  nuclear  safety  in  both 
Bulgaria and Romania, in preparation to the forthcoming enlargement. 

Bulgaria  must  ensure  compliance  with  Euratom  requirements  and  procedures.  Following  a 
Peer  Review  on  nuclear  safety  in  Kozloduy  nuclear  power  plant  (NPP)  in  2003,  a  Status 
Report was issued. It reaffirmed the importance of Bulgaria’s commitment on the definitive 
closure of Units 1 to 4 of the Kozloduy NPP at the earliest possible dates. This commitment is 
included in the Act of accession of Bulgaria, signed on 25.04.2005 in Luxembourg. 

The negotiations of the Energy chapter with Romania closed at the end of 2004. Romania has 
continued  to  develop  its  nuclear  safety  regulatory  framework.  However,  it  still  needs  to 
improve  safety  at  the  Cernavoda,  Candu15  technology,  nuclear  power  plant,  to  continue  the 
development of national programmes on safe management of spent fuel and radioactive waste 
and to strengthen the capability of the nuclear regulatory authorities.  

Screening of the relevant legislation has been on-going for both Croatia and Turkey. 

5. 

GENERAL DEVELOPMENTS IN THE NUCLEAR FIELD WITHIN THE EU 

5.1. 

Decommissioning, Waste Management and Transport 

5.1.1.  Decommissioning 

The  Commission  continued  its  work  on  the  implementation  of  the  Treaty  of  Accession 
Protocols  for  Ignalina  and  Bohunice.  €138  million  were  allocated  in  2004,  while  a  further 
€139 million were attributed for 2005. The majority of this assistance was provided through 
International  Decommissioning  Support  Funds,  managed  by  the  EBRD16  and  overseen  by 
Assemblies  of  contributors  chaired  by  a  Commission  representative.  At  the  request  of  the 
beneficiary,  the  share  of  decommissioning  assistance  managed  bilaterally  by  Lithuania  and 
the  Commission  almost  doubled  –  from  €10  million  in  2004  to  €18  million  in  2005.  This 
latter  assistance  is  provided  using  a  PHARE-type  approach  and  is  used  to  address  safety 
culture maintenance and social-related issues. 

In response to the European Parliament concerns about the Directive on the common rules for 
the  internal  market  in  electricity,  a  report  was  published  in  2004  on  the  use  of  financial 

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“CANada Deuterium Uranium”. Pressurized Heavy Water Reactor (PWHR) Canadian designed power 
reactor using heavy water (deuterium oxide) for moderator and coolant, and natural uranium for fuel. 
European Bank for Reconstruction and Development 

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resources  earmarked  for  the  decommissioning  of  nuclear  power  plants.17  The  Commission 
stated the need to ensure that the four basic principles – the adequacy, the availability and the 
use of the funds as well as their transparent management – are respected. In 2005, a second 
report  covering  all  types  of  commercial  nuclear  installations  in  the  EU  was  prepared18. 
Consultations with Member States, the European Parliament and industry experts as well as 
replies  to  a  specific  country  questionnaire  were  used  as  the  basis  of  the  report.  A 
recommendation  will  be  issued,  asking  Member  States  to  take  necessary  measures  on  the 
above mentioned basic principles. 

5.1.2.  Radioactive waste 

The availability of technologies aiming to reduce the volume and radio-toxicity of long-lived 
radio-nuclides, making safer and more acceptable the handling and disposal of such material, 
could contribute to foster national decisions on the issue of radioactive waste management. 

The  Commission’s  Work  Programme  for  2005  included  the  proposal  to  create  a  Joint 
Undertaking to focus research activities on radioactive waste management. Some preliminary 
steps  are  being  undertaken  in  order  to  build  a  broad  consensus  towards  this  initiative.  The 
Commission’s  services  are  studying  how  to  set  up  a  Technological  Initiative  as  a  means  to 
consult  and  build  consensus  with  industrial  partners  and  define  the  most  promising 
technologies to manage effectively radioactive waste. The final goal of the initiative will be to 
demonstrate the possibility to reduce the life of radioactive waste products and the feasibility 
of its underground disposal. Preparations will be carried out in the context of the 7th Euratom 
Research Framework Programme.  

5.1.3.  Transport of radioactive material 

In  2004,  the  Standing  Working  Group  (SWG)  on  the  transport  of  radioactive  materials 
finalised  its  5th  report.  It  proposes  measures  to  improve  the  operation  of  the  sector  and 
increase the safety levels. This report is updated to cover the current situation following the 
last enlargement of the EU.  

5.2. 

Nuclear Safeguards 

5.2.1. 

Safeguards inspections 

On 30.04.2004 the Commission  adopted a Communication19 establishing the principles  of a 
new  nuclear  safeguards  approach,  focussing  directly  on  the  objectives  of  the  Treaty  and 
bearing  in  mind  the  evolution  of  international  concerns,  which  outlined  how  the  inspection 
tasks devolved to DG TREN will be carried out. 

From  October  2004,  nuclear  safeguards  approaches  have  been  regularly  discussed  in  the 
Council.  Bilateral  consultations  took  place  throughout  2005  with  several  Member  States 
(Belgium,  Finland,  France,  Germany,  Italy,  Spain,  Sweden,  UK)  to  present  and  debate  the 
new  safeguards  policy.  The  UK  presidency  prepared  a  document  on  a  new  framework  for 
Euratom  Safeguards,  which  was  noted  by  COREPER.  This  is  a  step  in  reaching  a  common 
understanding  between  Member  States  and  the  Commission  on  the  way  forward  on 

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Report  on  the  use  of  financial  resources  earmarked  for  the  decommissioning  of  nuclear  power  plants 
(COM(2004) 719 final) 
The report should be adopted by the Commission in 2006 
C(2004)1669, 30.04.2004 

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safeguards  implementation  while  respecting  the  role  of  all  parties  involved  as  set  by  the 
Treaty. In parallel, meetings were held with large industrial operators to assess the impact of 
new methodologies such as auditing of the operator’s nuclear material accounting and control 
systems, as well as the revised baseline periodicity of inspections.  

The IAEA has been kept informed of the developments. A framework for future co-operation 
between Euratom and the Agency is under development.  

Since  01.05.2004  Commission  services  have  been  performing  safeguards  inspections  in  the 
nuclear installations of the new Member States. 

5.2.2.  Additional Protocols 

The  Additional  Protocols  (AP)  covering  the  EU  15  Member  States  entered  into  force  on 
30.04.2004. Compared with the traditional safeguards agreement, the AP gives the IAEA two 
new sets of powers. Firstly, countries should provide the IAEA with an expanded declaration 
of activities in the nuclear field and secondly the IAEA obtains the right to make short notice 
visits to locations related to the nuclear fuel cycle (complementary access). 

The Commission reports to the IAEA nuclear material related information under the AP on its 
own behalf for all Member States. In addition, the Commission prepares reports to respond to 
the extended information requirements of the AP for 10 (known as side-letter states) of the 13 
non-nuclear  weapon  States.  While  these  States  retain  the  responsibility  for  the  accuracy  of 
data  provided,  the  Commission  has  accepted  to  collect  the  data  and  submit  the  reports  for 
them. Austria, Sweden and Finland have chosen to report this part of information under state 
responsibility directly to the IAEA, with a copy to the Commission. The two nuclear-weapon 
states (France and UK) send declarations directly to the IAEA. 

All deadlines for reporting by the Commission were met for the side-letter states despite the 
late receipt of many declarations.  

In  December  2005,  Slovakia  and  Estonia  have  completed  procedures  to  join  the  trilateral 
agreement (INFCIRC20/193). The remaining  eight new Member States have each a bilateral 
Safeguards  Agreement  and  AP  in  force.  They  are  expected  to  accede  to  the  common 
Agreement in 2006, after the national legislative procedures have been completed. 

The IAEA made use of its powers to carry out verification activities (complementary access) 
once in 2004. Access took place on 21.12.2004 in Helsinki, Finland. A Commission inspector 
from DG TREN was present. A series of further Complementary Accesses were performed in 
2005  in  almost  all  Member  States  under  the  INFCIRC  193  Agreement.  In  general,  the 
provisions  of  the  AP  relating  to  rights  of  access  are  complex.  Commission  officials  present 
during complementary accesses are instructed to ensure respect for the rights of the IAEA, the 
Member State and the operator of the premises subject to short notice access. 

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5.3. 

Radiation Protection 

5.3.1.  Activities under Article 31 Euratom Treaty 

At the  end of 2004, the Commission, with a view of a  possible revision  of the BSS,  held a 
conference on the new Draft 2005 ICRP21 Recommendations on radiation protection. On the 
basis  of  the  conclusions  of  the  Group  of  Scientific  Experts  the  Commission  prepared  a 
position paper on the ICRP Recommendations and communicated it to the ICRP.  

A new Group of Experts was established under Art. 31  of the Treaty  to  incorporate experts 
from the new Member States. The Group established a work programme for the revision of 
the BSS. 

5.3.2. 

Implementation of Euratom requirements on environmental radioactivity 

The Commission conducted five verifications under Art. 3522 of the Treaty in 2004, three in 
the EU-15 (Sellafield reprocessing plant, Trillo NPP (E), the Dounreay site (UK)), and two in 
new  Member  States:  Temelin  (CZ)  and  Paks  (HU).  This  number  was  increased  to  six 
verifications  in  2005,  essentially  in  the  new  Member  States:  Ignalina  (LT),  Temelin  (CZ), 
Slovakia and Estonia. In addition Greece and the reprocessing plant at La Hague (FR) were 
subject to verifications for a second time. 

A  document  describing  the  approach  and  standard  arrangements  for  the  implementation  of 
Art. 35 verifications was updated and sent to the 10 new Member States for information. The 
draft was discussed with representatives of the Member States in December 2004. While with 
some  of  the  new  Member  States  this  document  was  incorporated  in  an  individual  bilateral 
protocol,  the  Commission  is  proposing  a  Communication  on  the  implementation  of  Art.  35 
verifications,  with  the  aim  of  harmonising  the  activities  in  all  Member  States.  The 
Communication is scheduled for adoption in 2006. 

A  questionnaire  was  sent  to  Member  States  to  collect  information  on  national  requirements 
and inspection activities in implementing Art. 35. A study to analyse the responses and make 
recommendations for the future implementation arrangements is under way. 

Under Art. 36 of the Treaty, Member States transmit information on levels of radioactivity in 
the environment. A Commission Recommendation23 describes the content, timing and means 
of  data  transmission.  No  more  problems  were  reported  in  this  area  since  the  first  reporting 
(June 2002).  

Nine plans for the disposal of radioactive waste, submitted by Member States in accordance 
with Art. 3724 of the Treaty, were evaluated in 2004. Thirteen plans were evaluated in 2005. 
The  data  submissions  led  to  the  adoption  of  the  corresponding  Commission  Opinions.  A 

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International Commission on Radiological Protection 
This article gives the right to the Commission to verify operation of facilities that carry out monitoring 
of the level of radioactivity in the air, water and soil. 
Commission Recommendation of 8 June 2000 on the application of Article 36 of the Euratom Treaty 
concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing 
the exposure of the population as a whole (2000/473/Euratom). 
This article requires the Commission to deliver its opinion (after consulting the group of experts) on all 
data  sent  by  Member  States  concerning  their  plans  on  the  disposal  of  radioactive  waste  if  the 
implementation of such plans might result in the radioactive contamination of other Member States.  

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report to the European Parliament on the implementation of Art. 37, between July 1994 and 
December 2003, was adopted by the Commission on 14.03.2005. 

5.3.3.  Emergency preparedness 

The  Community  arrangement  for  urgent  information  exchange  (ECURIE25)  was  maintained 
on a 24-hour basis. All candidate countries signed a participation agreement long before May 
2004.  All  the  new  Member  States  were  involved  in  ECURIE  before  May  2004,  hence  the 
required contact points and competent authorities were established prior to accession (except 
Malta,  in  June)  and  most  have  now  fully  operational  dedicated  equipment.  Romania  and 
Bulgaria  have  signed  up  to  the  ECURIE  arrangements;  Turkey  and  Croatia  have  been 
involved in the system at service level. The operational status of the ECURIE arrangements 
was regularly tested. DG TREN took part in international emergency exercises, including the 
major exercise Convex-3, hosted by Romania in May 2005. 

The Commission played an active role in the proposal of WHO-FAO26 Codex Alimentarius to 
set Guidelines for maximum permitted levels of radio-nuclides in foods for international trade 
on  a  permanent  basis.  An  alternative  Commission  proposal  obtained  a  large  degree  of 
consensus in the Council. The Commission position was eventually endorsed by the Group of 
Experts  established  under  Art.  31  of  the  Treaty,  thus  putting  the  Community  in  a  strong 
position  to  pursue  its  views  in  the  Codex  Alimentarius  Committee  in  April  2005.  The 
Community’s “common position” prompted the Codex Committee to entrust the Community 
with  the  redrafting  of  the  Guidelines  together  with  IAEA  (author  of  the  original  proposal). 
The new draft, for possible adoption in 2006, entirely reflects the Community position on the 
scope  of  the  Guidelines  (only  in  case  of  an  emergency)  and  on  a  separate  consideration  of 
infant food. 

5.4. 

Supplies of nuclear materials 

Canada  has  remained  the  largest  supplier  of  natural  uranium  to  the  EU,  while  Russia  is  the 
largest overall supplier when re-enriched tails and high enriched uranium (HEU) feed are also 
taken into account.  

Security of  supply has become a  more central issue than a few years ago when prices were 
lower  and  supplies  more  easily  available.  Almost  half  of  global  reactor  requirements  for 
nuclear  fuel  have  been  covered  in  recent  years  by  secondary  supplies  from  past  inventories 
and from the down blending of highly enriched uranium from military sources. According to 
ESA,  more  primary  production  is  required.  Rising  uranium  prices  since  2003  have  led  to 
increased exploration and mining activity, with global uranium production increased by 14% 
in 2004 and on track to increase further in 2005. 

The  main  industry  development  in  the  EU was  the  approval  by  the  Commission  (under  EC 
merger  rules)  in  October  2004  of  a  technology  joint  venture  between  the  two  European 
uranium  enrichment  companies.  This  joint  venture  will  allow  one  of  them  to  acquire  the 
centrifuge  technology  developed  by  the  other  and  to  construct  a  new  centrifuge  enrichment 
plant which is expected to start production in 2007. 

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European Commission Urgent Radiological Information Exchange 
World Health Organisation – Food and Agriculture Organisation 

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6. 

INTERNATIONAL COOPERATION 

6.1. 

Agreements with Third Countries 

6.1.1. 

Japan  

During 2004 the Commission concluded negotiations, adopted and transmitted to the Council 
a recommendation27 to approve the conclusion of two agreements with Japan on co-operation 
in the peaceful uses of nuclear energy and on nuclear research and development. Following 
interpretative requests by the Japanese counterpart, the Commission submitted to the Council 
drafting modifications, acceptable to Council. The Agreement was signed in February 2006. 

6.1.2.  Ukraine  

In September 2004 the Council approved the conclusion by the Commission of an Agreement 
for  the  Co-operation  in  the  Peaceful  Uses  of  Nuclear  Energy  between  Euratom  and  the 
Cabinet of Ministers of Ukraine28. The Commission signed the agreement on 28 April 2005. 

This  agreement  covers  nuclear  safety,  controlled  nuclear  fusion,  nuclear  research  and 
development,  international  transfers,  including  trade  in  nuclear  materials  and  provision  of 
nuclear fuel cycle services, as well as measures aiming at the prevention of illicit trafficking 
of nuclear material. 

6.1.3.  Kazakhstan 

The  negotiations  on  a  bilateral  agreement  for  Cooperation  in  the  Peaceful  Uses  of  Nuclear 
Energy  continued  in  2004.  An  amended  proposal  of  the  agreement  was  submitted  to 
Kazakhstan in February 2005. 

6.1.4.  Uzbekistan 

On  01.08.2004,  the  bilateral  Agreement  for  Cooperation  in  the  Peaceful  Uses  of  Nuclear 
Energy entered into force.  

6.2. 

International Conventions  

6.2.1.  Nuclear Safety Convention 

The Commission amended its Decision 1999/819/Euratom of 16.11.1999 on the accession to 
the 1994 Convention on Nuclear Safety by Euratom with regard to the Declaration attached 
thereto29.  A  new  Declaration  of  competencies  was  transmitted  to  the  Secretariat  General  of 
the IAEA as a result of a Court ruling30. 

In  the  3rd  Review  Meeting  of  the  Nuclear  Safety  Convention  (April  2005),  Euratom 
participated for the second time as a contracting party, but for the first time after the having 

27 
28 
29 
30 

SEC(2004) 524 final, 26.11.2004 
COM(2003) 129 final 
Decision 2004/491/Euratom 
Commission  v  Council,  Case  C-29/99,  ECR  2002  Page  I-11221.The  Court  partially  annulled  the 
declaration  made  by  the  European  Atomic  Energy  Community  when  acceding  to  the  Convention  on 
Nuclear Safety 

EN 

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made  the  extended  declaration  of  competencies.  A  report  covering  all  main  aspects  of  the 
Convention was presented by the Commission.  

6.2.2. 

Joint Convention 

The  “Joint  Convention  on  the  Safety  of  Spent  Fuel  Management  and  on  the  Safety  of 
Radioactive Waste Management”, negotiated under the auspices of the IAEA, came into force 
on  18.06.2001.  In  October  2001  the  Commission  submitted  to  the  Council  a  proposal  to 
accede  to  the  convention.  In  January  2005  the  Council  adopted  a  Decision31  approving  the 
accession of Euratom to the convention as well as a declaration on its field of competencies. 
On  14.06.2005,  the  Commission  adopted  the  necessary  Decision32,  approving  Euratom 
accession to the Joint Convention. Accession is effective as from January 2006. 

6.2.3.  Convention on the Physical Protection of Nuclear Material (CPPNM) 

Proposal for amendments to the CPPNM was distributed by the IAEA in 2004. Following a 
preparatory  meeting  in  April  2005,  the  Amendment  Conference  adopted  on  8  July  the 
Amendment to the CPPNM. 

The Council by its Decision33 of 28.06.2005 had authorized the Commission to negotiate the 
amendments  to  the  CPPNM  with  regard  to  matters  covered  by  Community  competence. 
Euratom participated therefore fully in the Amendment Conference. 

6.2.4.  Convention  on  Early  Notification  of  a  Nuclear  Accident  and  Convention  on 

Assistance in the case of a Nuclear Accident or Radiological Emergency 

The Commission adopted two proposals for Council Decisions34 approving the conclusion of 
the IAEA Conventions on Early Notification of a Nuclear Accident and to the Convention on 
Assistance in the case of a Nuclear Accident or Radiological Emergency, allowing a greater 
involvement of the Community in the mechanisms in place on the basis of these Conventions 
and complementarities with similar provisions agreed at  EU level. Accession of Euratom to 
these two Conventions is on-going. 

6.3. 

Cooperation with IAEA and other international organisations 

The IAEA is responsible for world-wide safeguards under the Non-proliferation Treaty. The 
Commission  functions  in  the  role  of  “Community  System  of  Accountancy  and  Control”  for 
IAEA  purposes.  Accordingly,  under  tripartite  safeguards  agreements,  the  Commission’s 
inspection activities may be observed by IAEA inspectors. Where the IAEA considers that the 
need  exists,  it  performs  activities  additional  to  those  performed  by  the  Community.  The 
Commission  has  supported  the  IAEA  in  performing  its  duties  through  the  use  of  its 
equipment.  

31 
32 
33 
34 

2005/84/Euratom, OJ L 30, 3.2.2005, p. 10 
C(2005)1729 
COM(2005) 199 
COM(2004) 560, 16.8.2004 

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Co-operation  with  the  IAEA  in  the  areas  of  Nuclear  Material  Accountancy  and  Additional 
Protocols  was  satisfactory.  Discussions  about  formal  arrangements  for  the  accession  of  the 
New Member States to the Community’s Safeguards Agreement35 were concluded. 

Participation in the work of a number of international organisations and their committees (like 
the IAEA, the OECD/NEA, and ICRP) was enhanced. The work on safety requirements for 
the geological disposal of radioactive waste was of particular importance. Specific EU safety 
standards are unfortunately still to be defined and agreed upon.  

35 

INFCIRC 193 

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