Communication from the Commission - Summary of Commission (DG TREN) activities carried out during 2006 in implementation of Title II, Chapters 3 to 10, of the Euratom Treaty
Date: 2007-10-29
Institutions: European Commission
Subjects: EU relations, activity report, drafting of EU law, nuclear policy, nuclear safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.10.2007 
COM(2007) 646 final 

COMMUNICATION FROM THE COMMISSION 

Summary of Commission (DG TREN) activities carried out during 2006 in 
implementation of Title II, Chapters 3 to 10, of the Euratom Treaty 

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TABLE OF CONTENTS 

1. 

2. 

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

Policy and Legal Developments................................................................................... 4 

2.1. 

Status of Commission Legislative Proposals ............................................................... 4 

2.1.1.  Nuclear Safety and Management of Radioactive Waste and Spent Fuel..................... 4 

2.1.2.  Shipments Directive ..................................................................................................... 5 

2.1.3.  Decommissioning in Ignalina and Bohunice ............................................................... 5 

2.2. 

2.3. 

3. 

4. 

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

50 years of Euratom Treaty.......................................................................................... 6 

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

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

4.1. 

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

4.1.1.  Decommissioning......................................................................................................... 7 

4.1.2.  Radioactive waste management ................................................................................... 8 

4.1.3.  Transport of radioactive material ................................................................................. 8 

4.2. 

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

4.2.1.  Safeguards inspections ................................................................................................. 8 

4.2.2.  Additional Protocols (AP)............................................................................................ 9 

4.2.3.  Nuclear Material Accountancy and Agreements ......................................................... 9 

4.3. 

Radiation Protection..................................................................................................... 9 

4.3.1.  Activities under articles 31, 35 and 37 of the Treaty ................................................... 9 

4.3.2.  Emergency preparedness............................................................................................ 10 

4.3.3.  Foodstuffs................................................................................................................... 11 

4.4. 

4.5. 

5. 

5.1. 

5.2. 

Supply of nuclear materials........................................................................................ 11 

Multilateral approaches to the fuel cycle ................................................................... 11 

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

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

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

5.2.1. 

Joint Convention ........................................................................................................ 12 

5.2.2.  Convention on the Physical Protection of Nuclear Material (CPPNM) .................... 12 

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

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

5.2.4. 

Inter-institutional Agreement on participation in International Conventions ............ 13 

5.2.5.  Paris Convention ........................................................................................................ 13 

5.3. 

Cooperation with IAEA ............................................................................................. 13 

5.3.1.  Communication on enhancing the status of the Euratom at the IAEA ...................... 13 

5.3.2.  Cooperation with IAEA ............................................................................................. 14 

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COMMUNICATION FROM THE COMMISSION 

Summary of Commission (DG TREN) activities carried out during 2006 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  has  responsibilities  for  the  implementation  of  the  majority  of  the 
provisions  of  the  Euratom  Treaty  Title  II,  (Chapters  3  to  10).  The  Commission’s  work 
programme is based on its obligations under that Treaty 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 
research  and  research  policy,  which  are  the  responsibility  of  DG  RTD2  and  JRC3,  are  not 
covered.  The  preparation  and  implementation  of  the  TACIS  programme  falls  under  the 
responsibility of  both  DG RELEX and  DG  AIDCO4, PHARE is managed  by  DG  ELARG5. 
Euratom loans attribution is managed by DG ECFIN6. 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. 

POLICY AND LEGAL DEVELOPMENTS  

2.1. 

Status of Commission Legislative Proposals 

2.1.1.  Nuclear Safety and Management of Radioactive Waste and Spent Fuel 

In the framework of the debate on energy within the EU, the Commission prepared a 
"Nuclear  Illustrative  Programme"7,  based  on  art.40  of  the  Treaty.  It  provides  an 
economic  analysis  of  the  role  of  nuclear  in  the  energy  mix  and  its  relative 
competitiveness. It highlights the extent of the contribution of nuclear energy to the 
security of supply and the fight against the CO2 emissions as well as the conditions of 
societal  acceptability  deemed  necessary  for  the  continued  use  of  nuclear  energy. 
Coherent proposals for action are presented: in particular the establishment of a High 
Level Group on nuclear safety and waste management and a Nuclear Forum to foster 
the dialogue. 

1 
2 
3 
4 
5 
6 
7 

Annual Report available on request or at http://europa.eu.int/comm/euratom/index_en.html 
DG RTD: Research 
JRC: Joint Research Centre 
DG RELEX: External Relations, DG AIDCO: Europe Aid and Cooperation 
DG ELARG: Enlargement 
DG ECFIN: Economic and Financial Affairs 
COM(2006) 844 

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No  progress  was  made  on  the  two  revised  Commission's  proposals  for  Council 
Directives on the safety of nuclear facilities and the safe management of spent fuel 
and  radioactive  waste,  submitted  to  Council  in  September  20048.  Whereas  ten 
Member  States  out  of  twenty-five  were  in  favour  of  these  modified  proposals,  all 
successive Presidencies refused to re-examine them. 

Instead, an "Action Plan on Nuclear Safety and the Safe Management of Spent Fuel 
and Radioactive Waste" was set out, based on the Council Conclusions of June 2004. 
Its  Working  Party  on  Nuclear  Safety  prepared  a  report9.  The  main  outcome  of  the 
report is to suggest the creation of an EU expert group in nuclear safety, a proposal 
taken up by the Nuclear Illustrative Programme and by the Council Presidency. 

A  Eurobarometer  survey10  revealed  that  citizens  consider  routine  operation  of 
nuclear power plants safe, but remain concerned about issues such as plant security, 
disposal of radioactive waste and possible misuse of radioactive materials. Most of 
them  wish  EU  wide  legislation  on  nuclear  safety  and  to  facilitate  cooperation  and 
exchange of best practices among experts.  

2.1.2. 

Shipments Directive  

The  Commission's  proposal  on  the  supervision  and  control  of  shipments  of 
radioactive waste and spent fuel11 was adopted by the Council. 

This new Directive will replace Directive 92/3/Euratom12 containing rules applicable 
for  authorising  the  movement  of  radioactive  waste  from  one  country  to  another.  It 
extends these rules to spent nuclear fuel while making them easier to apply and more 
consistent with other EU and international provisions. 

The  Directive  has  to  be  transposed  by  Member  States  by  25  December  2008.  By 
then, the Commission, assisted by an Advisory Committee, shall revise the standard 
form to authorise shipments. 

2.1.3.  Decommissioning in Ignalina and Bohunice 

The  Council  adopted  a  Regulation  on  the  implementation  of  the  Decommissioning 
Assistance Programme for Ignalina13 covering 837 M€. 

A similar Regulation for Slovakia14 covers 423 M€.  

Both  Council  Regulations  offer  a  new  legal  base  for  the  Decommissioning 
Assistance  Programme  provided  by  the  EU  over  the  financial  perspective  2007  – 
2013, and require the creation of a management committee to assist the Commission. 

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10 
11 
12 
13 
14 

COM(2004) 526 of 8.9.2004. 
CS/2006/16737-1 of 15.12.2006 
Report published in February 2007: http://ec.europa.eu/public_opinion/archives/ebs/ebs_271_en.pdf 
Council Directive No 2006/117/Euratom of 20.11.2006; OJ L 337/21, 5.12.2006. 
Council Directive No 92/3/Euratom of 3.2.1992; OJ L 35, 12.2.1992. 
Council Regulation (EC) No 1990/2006 of 21.12.2006; OJ L 411/10, 30.12.2006. 
Council Regulation (Euratom) No 549/2007 of 14.5.2007; OJ L 131, 23.5.2007. 

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2.2. 

Implementation of legislation – Infringements 

Twenty infringement cases were opened for non communication of the transposition 
measures  of  the  Council  Directive  on  the  control  of  high-activity  sealed  sources 
(HASS) and orphan sources15. Twelve of them were closed after notification of the 
relevant  measures.  A  reasoned  opinion  was  issued  in  four  cases;  one  case  was 
referred to the Court of Justice. One complaint on the national transposition measures 
was registered. 

Five  letters  of  formal  notice  were  sent  to  the  new  Member  States  that  still  did  not 
adhere  to  the  tri-partite  agreement  INFCIRC  19316,  as  required  by  their  Act  of 
Accession to the EU.  

Under  art.83  of  the  Treaty  (failure  of  the  operator  of  a  nuclear  installation  to 
satisfactorily  fulfil  its  obligations),  the  Commission  issued  a  warning17  to  one 
operator,  based  on  shortcomings  in  the  accounting  and  reporting  procedures 
presently in place.  

On  9  March  2006,  the  Court  of  Justice  dismissed the Commission's application for 
the Tireless case18. That case was opened following a series of complaints originating 
in the repair operations of the Tireless submarine (UK) taking place in Gibraltar in 
2000-2001.  The  Court  ruling  expressly  declared  that  the  use  of  nuclear  energy  for 
military purposes falls outside the scope of the Treaty provisions and its secondary 
legislation. 

2.3. 

50 years of Euratom Treaty 

In  preparation  of  the  50th  Anniversary  of  the  Euratom  Treaty19,  the  Commission 
drafted  a  document  and  a  publication  which  gave  an  overview  of  nuclear  activities 
since 1958. 

3. 

ENLARGEMENT 

At the end of 2005, the Commission informed Bulgaria and Romania on their future 
obligations  under  the  Treaty.  In  2006,  it  started  verification  of  the  transposition  of 
Euratom acquis in these two countries.  

Following  European  Council  conclusions20,  the  Commission  has  continued  to 
emphasise  the  importance  of  a  high  level  of  nuclear  safety  in  the  context  of 
enlargement. Nuclear safety issues were taken into account in the "Monitoring report 

15 
16 

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20 

Council Directive 2003/122/Euratom of 22.12.2003; OJ L 346, 31.12.2003. 
Information  Circular  193,  Agreement  between  the  European  Atomic  Energy  Community,  its  non 
nuclear  weapon  Member  States  and  the  International  Atomic  Energy  Agency  in  implementation  of 
Article  III  (1)  and  (4)  of  the  Treaty  on  the  Non-Proliferation  of  Nuclear  Weapons  of  1977  as 
supplemented by the Additional Protocol to this agreement. 
Commission Decision 2006/626/Euratom of 15 February. 
Case 65/04 Commission v United Kingdom, 9 March 2006. 
25.3.1957. 
European Council conclusions of December 1998, Vienna, point 67. 
European Council conclusions of December 1999, Helsinki, point 7. 

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on the state of preparedness for EU membership of Bulgaria and Romania"21. Special 
attention  was  paid  to  Bulgaria's  commitment  to  the  early  definitive  closure  and 
decommissioning of reactors 3 and 4 of the Kozloduy Nuclear Power Plant (NPP). In 
accordance  with  the  Accession  Protocol  of  Bulgaria  and  Romania,  these  reactors 
were  shut  down  on  the  31  December  2006  while  significant  financial  assistance, 
implemented through the "Kozloduy International Decommissioning Support Fund", 
is provided to Bulgaria. 

Following  the  formal  opening  of  accession  negotiations  with  both  Turkey  and 
Croatia  in  October  2005,  the  analytical  examination  of  the  acquis  ("screening") 
started.  The  Commission 
reports,  containing 
is  due 
recommendations whether to open negotiations on the Energy Chapter.  

to  adopt  screening 

Special attention has to be given to Croatia on fulfilling its obligation of setting up a 
decommissioning fund for the NPP shared with Slovenia. 

The Commission has also monitored the progress of the Former Yugoslav Republic 
of Macedonia (FYROM), as well as of potential candidate countries in the region of 
Western  Balkans22  towards  implementation  of  the  European  acquis.  The  respective 
Reports23,  highlight  the  need  for  improvements  in  nuclear  safety  and  radiation 
protection. 

4. 

GENERAL DEVELOPMENTS IN THE NUCLEAR FIELD WITHIN THE EU 

4.1. 

Decommissioning, Waste Management and Transport 

4.1.1.  Decommissioning 

The  Commission  has  continued  to  follow  the  implementation  of  the  Ignalina  and 
Bohunice Programmes, working closely with the European Bank for Reconstruction 
and Development and the National Agency in Lithuania. In 2006 a total of 109 M€ 
was  committed  to  the  Ignalina  Programme  and  34  M€  to  the  Bohunice  one.  As 
foreseen  in  the  Protocols  of  the  Treaty  of  Accession,  implementing  rules  for 
continued assistance in 2007-2013 are being finalised. According to the principles of 
management  laid  down  in  the  Financial  Regulations,  the  Commission  has  started  a 
mid-term  evaluation  on  the  status  of  the  Bohunice  and  Ignalina  decommissioning 
assistance. 

Following  consultations  with  Members  States  experts,  a  recommendation  on 
decommissioning funding was adopted in October24 presenting different measures to 
ensure  adequate  funds  are  available  when  required  for  a  safe  decommissioning.  A 
first assessment to which degree Member  States provisions  match the requirements 
of this Recommendation will be provided in the second Decommissioning Report to 
be published in 2007. 

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23 
24 

COM(2006) 549 final of September 2006. 
Albania, Bosnia and Herzegovina, Montenegro, Serbia including Kosovo (under UNSCR 1244). 
COM(2006) 649 final of 8.11.2006. 
Commission Recommendation No 2006/851/Euratom; OJ L 330, 28.11.2006. 

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4.1.2.  Radioactive waste management 

•  6th Situation Report on Radioactive Waste Management 

The sustainable long term management of high level waste and spent fuel is still not 
satisfactory. Some progress towards implementation of deep geological repositories 
can be noted. The Commission continues to encourage Member States to develop a 
long term management strategy for all categories of waste. Political decisions needs 
to be taken on high-active and medium-active long-lived waste in the majority of EU 
Member States with NPPs.  

•  A European Strategic Energy Technology Plan 

In  its  communication  "An  Energy  Policy  for  Europe"25,  the  Commission  gives  an 
overview  of  aim,  challenges  and  priorities  of  a  European  Strategic  Energy 
Technology  Plan.  In  particular,  it  points  out  that  "the  EU  should  maintain  its 
technological  lead  in  fourth  generation  fission  nuclear  reactors  and  future  fusion 
technology to boost the competitiveness, safety and security of nuclear electricity, as 
well as reduce the level of waste".  

4.1.3.  Transport of radioactive material  

The  Commission  transmitted  to  the  Council  and  the  European  Parliament  the  fifth 
report of the standing working group on safe transport of radioactive materials in the 
EU26.  The  report  informs  on  the  high  level  of  transport  safety  and  stresses  the 
importance  of  the  transport  of  radioactive  materials  for  the  smooth  operation  of 
several  sectors  of  the  economy.  It  collects  information  on  the  present  and  on  the 
evolution of the sector and identifies possible subjects for a Community initiative. 

Preparatory  work  started  for  the  codification  of  the  EU  regulatory  framework  by 
harmonising safety and security procedures.  

4.2. 

Nuclear Safeguards 

4.2.1. 

Safeguards inspections 

The  Commission  submitted  to  the  Council  its  revised  approach  for  implementing 
nuclear  safeguards  in  the  EU.  This  working  document,  “Implementing  Euratom 
Treaty Safeguards”, provides a framework for and outlines the principles of a revised 
approach. This has been subject of detailed consultation and consensus by Member 
States experts. It was finalised27 in 2007 and will become the cornerstone for further 
developments in the safeguards area. 

The  Commission  carried  out  its  programme  of  safeguards controls  bearing  in  mind 
the revised approach. The inspection effort increased slightly compared to 2005, as a 
result of new activities such as audits of the operators. The Commission was satisfied 
that in the territories of the Member States, nuclear materials were not diverted from 

25 
26 
27 

COM(2007) 1 final of 10.1.2007. 
COM(2006) 102 final of 8.3.2006. 
SEC(2007) 293 (EU restricted) 

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their  intended  use  as  declared  by  the  users  and  that  the  international  safeguards 
obligations assumed by Euratom were complied with. 

4.2.2.  Additional Protocols (AP) 

The Commission prepared reports on nuclear material related information under the 
AP for the EU-15, Estonia and Slovakia, and submitted them to the IAEA28. 

The  Commission  inspectors  participated  in  the  IAEA  verification  activities 
(complementary accesses). 

4.2.3.  Nuclear Material Accountancy and Agreements 

The periodic reporting of Accountancy data on the basis of the received Accountancy 
reports to the IAEA was done, including the reports for the new Member States that 
acceded to the Euratom Safeguards Agreement. 

The procedure for Slovenia's accession to the Safeguards Agreement and its AP was 
finalized29 . The procedure for Poland is also being finalised.  

4.3. 

Radiation Protection 

4.3.1.  Activities under articles 31, 35 and 37 of the Treaty 

Intensive  preparation  for  the  revision  and  recast  of  the  Euratom  Basic  Safety 
Standards  (BSS)  started  in  close  cooperation  with  the  Group  of  Scientific  Experts 
(GoE)30.  This  revision  is  based  on  the  Draft  Recommendation  of  the  International 
Commission  on  Radiological  Protection  (ICRP).  The  GoE  met  twice  with  the 
participation of IAEA, ICRP, and NEA as observers. It established Working Parties 
(WP) to deal with natural sources, medicine, exemption and clearance, and a graded 
approach to regulatory control under the co-ordination of a WP BSS.  

The Commission supported the efforts to revise and harmonise the international BSS 
through close co-operation with different international organisations, participation in 
the Inter-Agency Committee on Radiation Safety, and as full member in the IAEA-
hosted international Co-Sponsors' Secretariat.  

In  order  to  further  the  ALARA31  concept,  networks  were  set  up  for  occupational 
radiation protection in NORM32 and NDT33industries. 

With  respect  to  a  better  harmonisation  and  mutual  recognition  in  the  field  of 
education and training the project on a EUTERP34 network was started.  

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31 
32 
33 
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International Atomic Energy Agency 
Date of Accession 1.9.2006. 
Art. 31 of the Treaty. 
As Low As Reasonable Achievable 
Naturally Occurring Radioactive Materials 
Non-Destructive Testing 
European Education and Training in Radiation Protection 

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The  Commission  services  conducted  eight  verification  missions  under  art.35  of  the 
Treaty35: one in Latvia, Cyprus, Malta, Slovenia, Portugal, Poland and two in Italy. 
The  purpose  is  to  provide  an  independent  assessment  on  the  adequacy  of  the 
monitoring facilities, their set-up and use, for: 

–  Liquid  and  airborne  discharges  of  radioactivity  from  nuclear  sites  into  the 

environment 

–  Levels of environmental radioactivity 

These  verifications  have  been  conducted  with  due  respect  to  subsidiarity.  In  few 
cases the findings pointed out the need for a better separation of functions within the 
Member  State,  for  transparency  of  procedures,  to  strengthen  national  verification 
procedures.  An  added  value  of  these  verifications  is  that  neighbouring  Member 
States  receive  independent  confirmation  that  installations  discharging  radioactivity 
into  the  environment  are  adequately  monitored.  For  MT  and  CY,  the  verifications 
became  an  opportunity  to  set  up  national  programmes  and  to  implement  the 
corresponding systems of environmental radioactivity monitoring on their respective 
territories. 

The Commission published a Communication on the practical arrangements for the 
conduct of art.35 verifications in the Member States36. 

Under art.3737, four Commission's opinions were adopted on plans for the disposal of 
radioactive waste submitted by Member States. 

4.3.2.  Emergency preparedness 

There were no actual radiological emergency situations in 2006. The Polonium-210 
event  in  the  UK  was  followed  by  the  Commission,  but  not  considered  as  an  actual 
international emergency situation. 

The annual nuclear emergency exercise was hosted by Sweden at the Ringhals NPP. 
For  the  first  time  the  exercise  involved  also  the  Commission's  new  internal 
emergency  communication  system  ARGUS.  The  feedback  on  using  this  new  tool 
was positive. 

The technical basis of the emergency systems in the Commission was improved by 
installation of a new Uninterruptible Power Supply system and a new data exchange 
mirror server in the DG TREN emergency room in Luxembourg.  

The  Commission  participated  in  the  emergency  preparedness  workgroups  of  the 
IAEA, OECD and Council of the Baltic Sea States. 

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36 
37 

Art.  35  requires  that  each  Member  State  shall  establish  facilities  necessary  to  carry  out  a  continuous 
monitoring  of  the  levels  of  radioactivity  in  the  air,  water  and  soil  and  to  ensure  compliance  with  the 
basic safety standards. 
OJ C 155/2 of 4.7.2006. 
Art. 37 requires the Commission to deliver its opinion (after consulting the group of experts) on all data 
sent by Member States on 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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Croatia  and  Turkey  are  in  the  process  of  joining  the  Community  early  information 
exchange  system  for  radiological  emergencies  (ECURIE38).  Preliminary  contacts 
have been established also with the FYROM. 

The functionality of the ECURIE system was subject to an internal audit. The results 
of the audit indicated that the system is operational and fit for purpose, and provided 
a few recommendations for further improvement.  

4.3.3.  Foodstuffs 

A recast of the legislation on the radioactive contamination of foodstuffs simplifying 
the procedure for publishing the list of entry points in the Community started. 

A  study  was  started  to  update  Commission's  information  basis  on  the  potential 
radioactive contamination of specific foodstuffs originating from third countries. 

WHO-FAO39  Codex  Alimentarius  Commission:  Codex  Guideline 
levels  for 
radionuclides  in  foods  contaminated  following  a  nuclear  or  radiological  emergency 
for use in international trade were adopted in July 2006. 

4.4. 

Supply of nuclear materials 

The  European  Court  of  Justice  ruled  in  joint  cases  C-123/04  and  C/124/04  on  the 
interpretation of uranium enrichment (product vs service). Accordingly, the Euratom 
Supply  Agency  (ESA)  is  to  revise  its  policy  on  contract  management  regarding 
enrichment. New Statutes and a Financial regulation for the ESA have been prepared 
and were submitted to the Council for adoption.  

Security of supply continues to be a central issue worldwide. More primary uranium 
production  is  needed.  Higher  prices  have  led  to  increased  exploration  and  mining 
activity, but global uranium production decreased slightly in 2006 compared to 2005, 
due to problems occurred at various mines. Canada, Russia and Australia remain the 
largest suppliers of nuclear materials to the EU. While spot prices and new long-term 
contract  prices  have  increased  quite  dramatically,  the  increase  under  existing  long-
term contracts has so far been moderate. 

4.5.  Multilateral approaches to the fuel cycle 

The IAEA published earlier in 2005 a report entitled “Multilateral Approaches to the 
Nuclear  Fuel  Cycle”.  The  first  theme  addressed  states  voluntarily  renouncing  their 
right to operate sensitive fuel cycle facilities (i.e. enrichment plant and reprocessing) 
in return for which they would receive some form of guaranteed supply of fuel cycle 
services. The second theme was mechanisms for placing sensitive fuel cycle facilities 
under some form of multilateral control.  

Some  EU  countries  (DE,  FR,  NL,  UK),  besides  to  the  US  and  Russia,  having 
enrichment  technology,  proposed  different  initiatives  on  the  establishment  of  a 
standing multilateral mechanism at the IAEA.  

38 
39 

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

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The  Commission  has  followed  carefully  these  proposals  and  insists  that  in  cases 
where  EU  countries  or  companies  are  involved  in  an  international  supply 
mechanism, their rights and obligations as well as those of Euratom under the Treaty, 
notably its chapter VI (Supplies), must also be taken into consideration. 

5. 

INTERNATIONAL COOPERATION 

5.1. 

Agreements with Third Countries 

Euratom signed cooperation agreements in the peaceful uses of nuclear energy with 
Japan40  and  Kazakhstan41.  The  agreement  with  Japan,  as  well  as  the  one  with 
Ukraine42,  entered  into  force  on  20.12.2006  and  1.9.2006  respectively.  The 
administrative  procedure  for  the  entry  into  force  of  the  Kazakhstan  agreement  is 
ongoing. 

Technical  Talks  between  Euratom  and  the  Russian  Federation  on  a  possible 
agreement in the field of trade in nuclear materials are ongoing.  

5.2. 

International Conventions  

5.2.1. 

Joint Convention  

Euratom became a contracting party of the Joint Convention on the Safety of Spent 
Fuel  Management  and  on  the  Safety  of  Radioactive  Waste  Management  on 
2 January 2006. In May 2006 Euratom, represented by the Commission, participated 
in the Second Review meeting. 

Euratom submitted its first report providing an overview of the activities in the area 
of radioactive waste and spent fuel management, such as ensuring compliance with 
the Euratom BSS, preparation of emergency plans.  

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

The  Council43  had  authorised  the  Commission  to  negotiate  amendments  to  the 
CPPNM with regard to matters covered by Community competence.  

To  achieve  a  more  comprehensive  physical  protection  of  nuclear  materials  the 
amended CPPNM not only covers the materials as such, but also the relevant nuclear 
facilities.  The  CPPNM  was  renamed  the  Convention  on  the  physical  protection  of 
nuclear materials and nuclear facilities. 

The Commission tabled a "Proposal for a Council decision approving the accession 
of the Euratom Community to the Convention on the Physical Protection of Nuclear 
Material and Nuclear Facilities"44.  

40 
41 
42 
43 
44 

Signed on 27 February 2006; OJ L 32, 6.2.2007. 
Signed on 6 December 2006, COM(2006) 617 final. 
Council Decision of 28.6.2005, COM(2003) 129 final, OJ L 261, 22.9.2006. 
COM(2005) 199. 
COM(2006) 518. 

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

Assistance in the case of a Nuclear Accident or Radiological Emergency  

The instruments of accession45 by the Euratom Community to these two Conventions 
were  deposited  with  the  IAEA  on  14  November  2006,  with  entry  into  force  on 
14 December.  The  accession  provides  the  Community  with  a  firm  basis  for  further 
development of the international radiological emergency preparedness arrangements.  

5.2.4. 

Inter-institutional Agreement on participation in International Conventions 

The  Commission  proposed  an  Inter-institutional  Agreement  on  participation  in 
International  Conventions46.  After  discussions  in  the  Council,  the  proposal  was 
turned into a set of non binding guidelines47 for both institutions on how to cooperate 
to prepare  review meetings of  international conventions  or amendment  conferences 
of new conventions. These guidelines will be implemented for the first time on the 
occasion of the fourth review meeting of the safety convention in 2008. 

5.2.5.  Paris Convention  

A Proposal for a Council Decision48 authorising the Republic of Slovenia to ratify, in 
the interest of the European Community, the Protocol of 12 February 2004 amending 
the Paris Convention of 29 July 1960 on Third-Party Liability in the Field of Nuclear 
Energy, was adopted on 13.12.2006. 

The  objective  of  the  proposal  is  to  place  Slovenia  in  the  same  position  as  those 
Member  States  that  were  authorised  by  Decision  2003/882/EC  and  Decision 
2004/294/EC,  adopted  before  Slovenia  acceded  to  the  European  Union,  so  that 
Slovenia ratify that Protocol simultaneously with those Member States. 

5.3. 

Cooperation with IAEA  

5.3.1.  Communication on enhancing the status of the Euratom at the IAEA 

A Commission proposal to enhance the status of the Euratom Community within the 
IAEA was presented to the Council49. Following initial discussions, Member States 
did not endorse to hold exploratory talks with the IAEA.  

In order to foster an enhanced cooperation between the two institutions, preparatory 
work has started in the form of a "Charter" that covers all areas of work covered. 

45 
46 
47 
48 
49 

Commission Decisions 2005/844/Euratom and 2005/845/Euratom. 
COM(2006) 179 final. 
Council document 13876/4/06 REV 4. 
COM(2006) 793 final. 
COM(2006) 121 final of 16.3.2006. 

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5.3.2.  Cooperation with IAEA 

The  Commission  administrated  the  “Community  System  of  Accountancy  and 
Control” in accordance with the safeguards verification agreements with the IAEA. 
Under these agreements, the IAEA carries out its inspections simultaneously with the 
inspection  activities  of  the  Commission,  developing  complementarities,  whilst 
facilitating  the  implementation  of  international  safeguards.  The  IAEA  successfully 
met its verification objectives for the EU. 

The  Commission  kept  supporting  the  IAEA  in  its  safeguards  duties  by  making 
available technical equipment and providing expert training to the IAEA inspectors. 

High-level  discussions  with  the  IAEA  in  the  frame  of  the  safeguards  verification 
agreements were intensified. A reinforced cooperation between the Commission and 
the IAEA constitutes an important step towards promoting non-proliferation, nuclear 
safety and security, which are key priorities of the EU's external energy policy for the 
forthcoming years. 

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