European Parliament legislative resolution on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (9037/2006 - C6-0153/2006 - 2006/0802(CNS))
Date: 2006-12-14
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU aid, EU financing, cooperation policy, nuclear safety, technical cooperation

23.12.2006

EN

Official Journal of the European Union

C 317 E/863

Thursday, 14 December 2006

P6_TA(2006)0598

Development of the second generation Schengen Information System (SIS II)
(decision) *

for a Council decision amending
European Parliament legislative resolution on the proposal
Decision 2001/886/JHA on the development of the second generation Schengen Information
System (SIS II) (COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2006)0383) (1),

— having regard to Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) of the EU Treaty,

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0297/2006),

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0413/2006);

1. Approves the Commission proposal;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3. Calls on the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;

4.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

P6_TA(2006)0599

Nuclear Safety and Security Assistance *

European Parliament
Instrument

legislative resolution on the draft Council regulation establishing an
for Nuclear Safety and Security Assistance (9037/2006 — C6-0153/2006 —

2006/0802(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the text of the Council (9037/2006),
— having regard to the Commission proposal to the Council (COM(2004)0630) (1),
— having regard to Article 177 of the Treaty establishing the European Atomic Energy Community and

Article 203 thereof, pursuant to which the Council consulted Parliament (C6-0153/2006),

(1) Not yet published in OJ.

C 317 E/864

EN

Official Journal of the European Union

23.12.2006

Thursday, 14 December 2006

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Industry, Research and Energy and the opinions of the
Committee on Foreign Affairs, the Committee on the Environment, Public Health and Food Safety and
the Committee on Budgets (A6-0397/2006);

1. Approves the Council text as amended;

2. Considers that the indicative reference amount indicated in the legislative text must be compatible with
the ceiling of heading 4 of the new multiannual financial framework and points out that the annual amount
will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the
Interinstitutional Agreement between the European Parliament,
the Council and the Commission on
budgetary discipline and sound financial management of 17 May 2006 (1);

3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph,
of the Euratom Treaty;

4. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

5. Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation
substantially;

6.

Instructs its President to forward its position to the Council and the Commission.

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 1

financial,

In order

humanitarian

(1) The European Community is a major provider of
economic,
and
technical,
to
macro-economic assistance to third countries.
make the European Community's external aid more effective, a
new framework has been devised for the planning and provi-
sion of assistance. Regulation (EC) No … of the Council of …
will set up a Pre-Accession Instrument to cover Community
assistance for candidate countries and potential candidate
countries. Regulation (EC) No … of the European Parliament
and of the Council of … will introduce a European Neighbour-
hood and Partnership Instrument. Regulation (EC) No … of
the European Parliament and of the Council of … is aimed at
development cooperation and economic cooperation with the
other third countries. Regulation (EC) No … of the European
Parliament and of the Council of … will set up an Instrument
for Stability. The present Regulation is a complementary instru-
ment aimed at supporting efforts to enhance nuclear safety
and the application of efficient and effective safeguards of
nuclear materials in third countries.

financial,

humanitarian

(1) The European Community is a major provider of
economic,
and
technical,
In order to
macro-economic assistance to third countries.
make the European Community's external aid more effective, a
new framework has been devised for the planning and provi-
sion of assistance. Regulation (EC) No … of the Council of …
will set up a Pre-Accession Instrument to cover Community
assistance for candidate countries and potential candidate
countries. Regulation (EC) No … of the European Parliament
and of the Council of … will introduce a European Neighbour-
hood and Partnership Instrument. Regulation (EC) No … of
the European Parliament and of the Council of … is aimed at
development cooperation with third countries (2). Council
Regulation (EC) No … of … promotes economic cooperation
with the other third countries. Regulation (EC) No … of the
European Parliament and of the Council of … will set up an
the
Instrument
European Parliament and of the Council of … establishes a
financing instrument for the promotion of democracy and
human rights worldwide (EIDHR) (3). The present Regulation
is a complementary instrument aimed at supporting efforts to
enhance nuclear safety and the application of efficient and
effective safeguards of nuclear materials in third countries.

for Stability. Regulation (EC) No … of

(2) OJ L […], […], p. […].
(3) OJ L […], […], p. […].

(1) OJ C 139, 14.6.2006, p. 1.

23.12.2006

EN

Official Journal of the European Union

C 317 E/865

TEXT PROPOSED
BY THE COUNCIL

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 2 a (new)

(2a) The growing availability of nuclear material increases
the risk of nuclear weaponry proliferation and therefore has
clear nuclear safety implications which should be addressed
by the present instrument.

Amendment 4

Recital 3 a (new)

(3a)
It is of fundamental importance that the confidenti-
ality of information on nuclear and radiological safety, which
must be precise and corroborated, be guaranteed, particularly
as regards information which could be of major interest to
terrorists.

Amendment 5

Recital 4

(4) The Community already pursues a close cooperation, in
accordance with Chapter X of the Treaty, with the International
Atomic Energy Agency, both in relation to nuclear safeguards
(in furtherance of the objectives of Chapter VII of Part Two of
the Treaty), and in relation to nuclear safety.

in
(4) The Community already pursues close cooperation,
accordance with Chapter 10 of Title II of the Treaty, with the
International Atomic Energy Agency, both in relation to
nuclear safeguards (in furtherance of the objectives of Chapter 7
of Title II of the Treaty), and in relation to nuclear safety. In
the Community is actively supporting the
this context,
drafting of a code of conduct for an international nuclear
incident warning system under the aegis of the International
Atomic Energy Agency.

Amendment 6

Recital 7

international Conventions and Treaties

(7) Besides
some
Member States have concluded bilateral agreements on the
provision of technical assistance.

international Conventions and Treaties

(7) Besides
some
Member States have concluded bilateral agreements on the
provision of technical assistance. The coordination of actions
under such agreements with Community actions is desirable.

Amendment 7

Recital 9

is understood that, when giving assistance to the
(9)
It
nuclear
is with the aim that
it
installation concerned,
maximum impact could be obtained by the assistance, without,
however, deviating from the principle that the responsibility
for the safety of the installation should rest with the operator
and the State having the jurisdiction over the installation.

is understood that, when giving assistance to the
(9)
It
nuclear
is with the aim that
it
installation concerned,
maximum impact might be obtained by the assistance, without,
however, deviating from the ‘polluter pays’ principle, and that
liability for the safety of the installation, its decommissioning
and the waste it has generated should rest with the operator
and the State having jurisdiction over the installation. Further-
more, priority should be given to assisting nuclear installa-
tions and activities which are likely to have significant
effects on the Member States.

C 317 E/866

EN

Official Journal of the European Union

23.12.2006

Thursday, 14 December 2006

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 8

Recital 13

(13) This Regulation, providing for financial assistance in
support of the objectives of the Treaty, is without prejudice to
the respective competences of the Community and Member
in nuclear
States
safeguards.

in the fields concerned,

in particular

(13) This Regulation, providing for financial assistance in
support of the objectives of the Treaty, is without prejudice to
the exclusive powers of the Member States to make their own
the
energy choices and the
Community and Member States in the fields concerned,
in
particular in nuclear safeguards.

competences of

respective

Amendment 9

Recital 13 a (new)

(13a) A financial reference amount, within the meaning of
point 38 of the Interinstitutional Agreement between the
European Parliament, the Council and the Commission on
budgetary discipline and sound financial management of
17 May 2006 (1), should be included in this regulation with
respect to the entire duration of the instrument, without
thereby affecting the powers of the budgetary authority as
defined by the Treaty.

(1) OJ C 139, 14.6.2006, p. 1.

Amendment 10

Article 1

The Community shall finance measures to support the promo-
tion of a high level of nuclear safety, radiation protection and
the application of efficient and effective safeguards of nuclear
material in third countries in line with the provisions of this
Regulation.

The Community might finance measures to support efficient
implementation in cases which result in a nuclear safety level
corresponding to the technological, regulatory and opera-
tional state of the art in the Union, taking into consideration
the latest scientific and technological developments, radiation
protection and the application of efficient and effective safe-
guards of nuclear material in third countries in line with the
provisions of
to the
‘polluter pays’ principle.

this Regulation, without prejudice

Amendment 11

Article 2, paragraph 1, point a, introductory part

a) the promotion of an effective nuclear safety culture at all

a) the promotion of effective nuclear safety measures at all

levels, in particular through:

levels, in particular through:

Amendment 13

Article 2, paragraph 1, point a, indent 3

— improving the safety aspects of the design, operation and
maintenance of existing nuclear power plants or other
existing nuclear installations so that high safety levels can
be achieved,

— improving the safety aspects of the operation, modernisa-
tion and maintenance of existing nuclear power plants or
other existing nuclear installations, taking into account
experience of their operation, so that the highest possible
safety levels can be achieved,

23.12.2006

EN

Official Journal of the European Union

C 317 E/867

TEXT PROPOSED
BY THE COUNCIL

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

Amendment 14

Article 2, paragraph 1, point a, indent 4

— support to the safe transport, treatment and disposal of

nuclear fuel and radioactive waste,

— support for the development of proper methods and tech-
nologies for the safe transport, treatment and disposal of
spent nuclear fuel and radioactive waste, and

Amendment 15

Article 2, paragraph 1, point a, indent 5

— and the development and implementation of strategies for
decommissioning existing installations and the remediation
of former nuclear sites;

— the development and implementation of strategies for
decommissioning existing installations for the remediation
of former nuclear sites which can attain a high level of
safety at a reasonable cost and within a reasonable time
frame;

Amendment 16

Article 2, paragraph 1, point b

(b) the promotion of effective regulatory frameworks, proce-
dures and systems to ensure adequate protection against
ionising radiations from radioactive materials, in particular
from high activity radioactive sources, and their safe
disposal;

(b) the promotion of effective regulatory frameworks, proce-
dures and systems to ensure adequate protection against
ionising radiations from radioactive materials, in particular
from high activity radioactive sources, and the safe
disposal of such materials,
liability for
which must continue to be borne solely by the operator;

the financial

Amendment 17

Article 2, paragraph 1, point d

d) the

establishment

for,
emergency-planning, preparedness and response, civil protec-
tion and rehabilitation measures;

arrangements

effective

of

d) the establishment of effective arrangements for accident
prevention, emergency planning, preparedness and response,
civil protection, the mitigation of consequences and rehabi-
litation measures;

Amendment 18

Article 2, paragraph 1, point e

framework of

e) measures to promote international cooperation (including in
the
international organisations,
notably IAEA) in the above fields, including the implementa-
tion and monitoring of
international Conventions and
Treaties, exchange of information and training and research;

relevant

relevant

framework of

e) measures to promote international cooperation (including in
the
international organisations,
notably IAEA) in the above fields, including the implementa-
tion and monitoring of
international Conventions and
Treaties, exchange of information, training, education and
research.

C 317 E/868

EN

Official Journal of the European Union

23.12.2006

Thursday, 14 December 2006

TEXT PROPOSED
BY THE COUNCIL

AMENDMENTS
BY PARLIAMENT

Amendment 19

Article 5, paragraph 2

2.
These action programmes shall specify the objectives
pursued, the fields of intervention, the measures envisaged, the
expected results, the management procedures and total amount
of financing planned. They shall contain a summary descrip-
tion of the operations to be financed, an indication of the
amounts allocated for each operation and an indicative imple-
mentation timetable. Where relevant, they may include the
results of any lessons learned from previous assistance.

2.
These action programmes shall specify the objectives
pursued, the fields of intervention, the measures envisaged, the
expected results, the management procedures and total amount
of financing planned. They shall contain a summary descrip-
tion of the operations to be financed, an indication of the
amounts allocated for each operation and an indicative imple-
mentation timetable. Where applicable, they shall include the
results of any lessons learned from previous assistance.

Amendment 20

Article 5, paragraph 3

3.
Action programmes, and any revisions or extensions
thereof, shall be adopted in accordance with the procedure
referred to in Article 20(2),
following, where appropriate,
consultation with the partner country, or partner countries in
the region, concerned.

3.
Action programmes, and any revisions or extensions
thereof, shall be adopted in accordance with the procedure
referred to in Article 20(2) and with account being taken of
Article 18, following, where appropriate, consultation with the
partner country, or partner countries in the region, concerned.

Amendment 21

Article 7, paragraph 1, indent 5

— European Union agencies;

— the Community's Joint Research Centre and European

Union agencies;

Amendment 22

Article 8, paragraph 1, indent 6

— debt-relief programmes;

— debt-relief programmes, in exceptional cases and pursuant

to an internationally agreed debt relief programme;

Amendment 23

Article 8, paragraph 2 a (new)

2a.
Community financing shall in principle not be used
for paying taxes, customs duties or other fiscal charges in
beneficiary countries.

Amendment 24

Article 18

The Commission shall regularly evaluate the results of policies
and programmes and the effectiveness of programming in
order to ascertain whether the objectives have been met and
to formulate recommendations with a view to
enable it
improving future operations. The Commission shall
send
significant evaluation reports to the Committee established in
accordance with Article 20.

The Commission, with the help of independent experts, shall
regularly evaluate, on an individual project basis, the results of
policies and programmes and the effectiveness of programming
in order to ascertain whether the objectives have been met and
to formulate recommendations with a view to
enable it
improving future operations. The Commission shall
send
significant evaluation reports to the European Parliament, the
Council and the Committee established in accordance with
Article 20.

23.12.2006

EN

Official Journal of the European Union

C 317 E/869

TEXT PROPOSED
BY THE COUNCIL

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

Amendment 25

Article 20 a (new)

Article 20a

Financial reference amount

The financial reference amount for implementation of this
Regulation for the period 2007-2013 shall be 524 million
euro.
Annual appropriations shall be authorised by the budgetary
authority within the limits of the financial framework.

Amendment 26

Article 21

later than 31 December 2010,

Not
the Commission shall
submit to the European Parliament and the Council a report
evaluating the implementation of the regulation in the first
three years together, if appropriate, with a legislative proposal
introducing the necessary modifications to the instrument.

later than 31 December 2010,

Not
the Commission shall
submit to the European Parliament and the Council a report
evaluating the implementation of the Regulation in the first
three years, and thereafter shall submit a report every two
years, together, if appropriate, with a legislative proposal intro-
ducing the necessary modifications to the instrument.

P6_TA(2006)0600

Visas for crossing Member States' external borders *

European Parliament legislative resolution on the proposal for a Council regulation amending
Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of
visas when crossing the external borders of Member States and those whose nationals are exempt
from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2006)0084) (1),
— having regard to Article 62(2)(b)(i) of the EC Treaty,
— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0256/2006),

— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0431/2006);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Calls on the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;

5.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.