Council Regulation (Euratom) 2021/948 of 27 May 2021 establishing a European Instrument for International Nuclear Safety Cooperation complementing the Neighbourhood, Development and International Cooperation Instrument – Global Europe on the basis of the Treaty establishing the European Atomic Energy Community, and repealing Regulation (Euratom) No 237/2014

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1) The Union should uphold and promote its values and interests worldwide in order to pursue the objectives and principles of the Union’s external actions, as laid down in Article 3(5) and Articles 8 and 21 of the Treaty on European Union.

(2) In order to implement the new international framework established by the United Nations 2030 Agenda for Sustainable Development, the Global Strategy for the European Union’s Foreign and Security Policy, and the European Consensus on Development, Regulation (EU) 2021/947 of the European Parliament and of the Council (2) aims to increase the coherence and ensure the effectiveness of the Union’s external action by concentrating its efforts through a streamlined instrument to improve the implementation of the different external action policies.

(3) The objective of the European Instrument for International Nuclear Safety Cooperation (the ‘Instrument’), which complements the Neighbourhood, Development and International Cooperation Instrument – Global Europe established by Regulation (EU) 2021/947, should be the promotion of a high level of nuclear safety, radiation protection, and the application of efficient and effective safeguards of nuclear materials in third countries, building on the activities within the European Atomic Energy Community (Community). Within this objective, this Regulation aims to support the promotion of transparency in nuclear-related decision-making processes of the authorities in third countries.

(4) The Instrument should be established for a period of seven years to align its duration with that of the multiannual financial framework laid down in Council Regulation (EU, Euratom) 2020/2093 (3).

(5) This Regulation forms part of the framework devised for the planning of cooperation and should complement those nuclear cooperation measures that are financed under Regulation (EU) 2021/947.

(6) The Member States of the Union are Parties to the Treaty on the Non-Proliferation of Nuclear Weapons signed on 1 July 1968 and apply the Additional Protocol to their respective International Atomic Energy Agency (IAEA) safeguards agreements.

(7) In order to maintain and promote the continuous improvement of nuclear safety and the regulation thereof, the Council adopted Directives 2009/71/Euratom (4), 2011/70/Euratom (5) and 2013/59/Euratom (6). Those Directives and the high standard of nuclear safety and radioactive waste and spent fuel management implemented in the Community are examples to be used in order to encourage third countries to adopt similar high standards.

(8) The Community and its Member States are Contracting Parties to the Convention on Nuclear Safety adopted on 17 June 1994 and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management adopted on 5 September 1997.

(9) The Community should continue its close cooperation with IAEA in accordance with Chapter 10 of the Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’) as regards nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II of the Euratom Treaty. The Community cooperates with other international organisations and programmes pursuing similar objectives.

(10) The Instrument should provide for actions in support of objectives pursued and in line with the actions previously supported under Council Regulation (Euratom) No 237/2014 (7). Those objectives concern the promotion of an effective nuclear safety culture and implementation of the highest nuclear safety and radiation protection standards and continuous improvement of nuclear safety, responsible and safe management of spent fuel and radioactive waste, the decommissioning and remediation of former nuclear sites and installations, and efficient and effective safeguards for nuclear material in third countries, in particular acceding countries, candidate countries, potential candidates and European Neighbourhood Policy countries.

(11) The implementation of this Regulation should be based on consultation, where relevant, with the Member States and their relevant authorities, in particular the competent regulatory authorities in the field of nuclear safety, with the European Nuclear Safety Regulators Group and through the European Instrument for International Nuclear Safety Cooperation committee, and on a dialogue with the partner countries. The implementation of this Regulation should take into account the Council conclusions on assistance to third countries in the field of nuclear safety and security adopted on 9 December 2008.

(12) The results of the Community’s external action should be monitored and assessed on the basis of predefined, transparent, country-specific and measurable indicators, adapted to the specificities and objectives of the Instrument and should preferably be based on the EU International Cooperation and Development Results Framework. The indicators should be quality-, performance- and result-oriented, in order to require more responsibility and accountability from beneficiary countries towards the Union and its Member States with regard to results achieved in the implementation of safety improvement measures.

(13) The Union and the Community should seek the most efficient use of available resources in order to optimise the impact of their external action. That should be achieved through coherence and complementarity between the Union’s external financing instruments, as well as through the creation of synergies with other Union policies and programmes. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should allow for the combination of funding with other Union programmes, provided that the contributions do not cover the same costs.

(14) This Regulation lays down a financial envelope for the entire duration of the Instrument, which is to constitute the prime reference amount within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources, (8) for the European Parliament and the Council during the annual budgetary procedure.

(15) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (9) (the ‘Financial Regulation’) applies to the Instrument. The Financial Regulation lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts.

(16) The rules and procedures laid down in Regulation (EU) 2021/947 should apply to the implementation of this Regulation, as appropriate, and the implementing provisions under this Regulation should mirror the provisions provided for in that Regulation.

(17) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 106a of the Euratom Treaty and Article 322 of the Treaty on the Functioning of the European Union (TFEU) apply to this Regulation. Those rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes and indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 106a of the Euratom Treaty and Article 322 TFEU also include a general regime of conditionality for the protection of the Union budget.

(18) The forms of and the methods of implementation of Union funding laid down in this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in point (a) of Article 125(1) of the Financial Regulation.

(19) Annual action plans and measures should constitute work programmes under the Financial Regulation. Annual action plans consist of a set of measures grouped into one document.

(20) In order to ensure continuity in providing support in the relevant policy area and to allow implementation as of the beginning of the multiannual financial framework 2021-2027, it is necessary to provide for the application of this Regulation from the beginning of the 2021 financial year.

(21) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (10), and Council Regulations (EC, Euratom) No 2988/95 (11), (Euratom, EC) No 2185/96 (12) and (EU) 2017/1939 (13), the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, including fraud, to the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, to the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) has the power to carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (14). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO, and ensure that any third parties involved in the implementation of Union funds grant equivalent rights. For that reason, agreements with third countries and territories and with international organisations, as well as any contract or agreement resulting from the implementation of this Regulation should contain provisions expressly empowering the Commission, OLAF, the Court of Auditors and the EPPO to conduct audits and on-the-spot checks and inspections according to the respective competence and ensuring that any third parties involved in the implementation of Union funds grant equivalent rights.

(22) Regulation (Euratom) No 237/2014 should therefore be repealed.

(23) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (15).

(24) The references to external assistance instruments in Council Decision 2010/427/EU (16) should be read as references to this Regulation and to the Regulations referred to herein. The Commission should ensure that this Regulation is implemented in accordance with Decision 2010/427/EU.

(25) The actions provided for in this Regulation should strictly follow the conditions and procedures set out by the restrictive measures of the Union,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation establishes, on the basis of the Treaty establishing the European Atomic Energy Community, the European Instrument for International Nuclear Safety Cooperation (the ‘Instrument’), which complements the Neighbourhood, Development and International Cooperation Instrument – Global Europe, for the period from 1 January 2021 to 31 December 2027.

This Regulation lays down the objectives of the Instrument, its budget for the period from 1 January 2021 to 31 December 2027, and the forms of and methods of implementation of Union funding.

Article 2

Objectives of the Instrument

(a) the promotion of an effective nuclear safety and radiation protection culture, the implementation of the highest nuclear safety and radiation protection standards, and the continuous improvement of nuclear safety, including the promotion of transparency in decision-making processes of the authorities in third countries relating to the safety of nuclear installations;

(b) responsible and safe management of spent fuel and radioactive waste and the decommissioning and remediation of former nuclear sites and installations, including the promotion of transparency in decision-making processes of the authorities in third countries;

(c) establishing efficient and effective safeguards for nuclear material in third countries.

Article 3

Coherence, consistency and complementarity

Article 4

Budget of the Instrument

The financial envelope for the implementation of the Instrument for the period from 1 January 2021 to 31 December 2027 shall be EUR 300 million in current prices.

Article 5

Policy framework

The association agreements, partnership and cooperation agreements, multilateral agreements and other agreements that establish a legally binding relationship between the Union and its partner countries, as well as European Council conclusions and Council conclusions, summit declarations, conclusions of high-level meetings with partner countries, communications from the Commission and joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation.

TITLE II

IMPLEMENTATION OF THE INSTRUMENT

Article 6

Multiannual indicative programmes