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Summaries of EU Legislation

Physical protection of nuclear material and nuclear facilities

 

SUMMARY OF:

Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

Decision 2008/99/EC, Euratom concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

Decision 2007/513/Euratom approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

WHAT IS THE AIM OF THE CONVENTION AND THE DECISIONS?

  • The convention seeks to:
    • secure nuclear material and facilities;
    • criminalise certain offences in this field;
    • establish cooperation between the signatory states.
  • Decision 2007/513/Euratom approves the accession of the European Atomic Energy Community (Euratom) to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities.
  • Decision 2008/99/EC, Euratom confirms the accession.

KEY POINTS

The amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities aims at ensuring effective physical protection during the use, storage or transport of nuclear material used for peaceful purposes, as well as preventing and fighting crime associated with this material and these facilities.

It is based on the Convention on the Physical Protection of Nuclear Material (CPPNM), to which all EU countries are party.

Each party to the convention must draw up and implement measures to guarantee this effective protection to prevent, in particular, the theft or disappearance of nuclear material for which it is responsible, as well as sabotage of nuclear facilities on its territory. In a similar context, the Euratom Treaty (see summary) provides for a safeguards system which seeks to prevent nuclear materials from being diverted from their intended uses.

In implementing the convention, parties to it must respect a certain number of basic principles, in particular the principles of responsibility of the state and licence holders, of a culture of security, quality assurance and confidentiality.

Parties must:

  • ensure that the nuclear material they import, export or accept in transit on their territory is protected in accordance with the applicable safety level;
  • designate a competent authority responsible for applying the convention, as well as a point of contact, and give this information to the other signatory countries directly or through the depositary (the International Atomic Energy Agency);
  • cooperate in the event of theft, sabotage or risk of theft or sabotage — this cooperation in particular takes the form of sharing information while respecting the confidentiality of this information vis-à-vis third parties;
  • apply appropriate penalties to certain infringements, in line with their severity. In particular, the following are punishable:
    • acting without authorisation in a way that causes or is likely to cause death or serious injury
    • stealing of nuclear material
    • sabotaging of a nuclear installation
    • threatening to use nuclear material to cause death or serious injury of a third party or cause significant damage to property.

Any attempt to commit one of these acts and any involvement in such acts and organisation thereof is also punishable.

All parties have jurisdiction for infringements committed on their territory or on board a vessel or aircraft registered in the said state and when the person presumed to have committed the infringement is a native of the said state. These infringements are grounds for extradition between the contracting parties, who must also provide each other with the most extensive judicial assistance in the event of these infringements. Political motives for the infringement are not a reason for refusing extradition or mutual judicial assistance.

DATE OF ENTRY INTO FORCE

The original convention entered into force on 8 February 1987. With the adoption of Decision 2007/513, the EU approved the accession of Euratom to the amended Convention as of 10 July 2007.

The amendment to the CPPNM entered into force on 8 May 2016.

BACKGROUND

The CPPNM was adopted in 1979 and entered into force in 1987. It was amended in 2005 at a conference held with a view to strengthening its provisions.

For more information, see:

MAIN DOCUMENTS

Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 5-18)

Commission Decision 2008/99/EC, Euratom of 19 December 2007 concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 3-4)

Council Decision 2007/513/Euratom of 10 July 2007 approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 190, 21.7.2007, pp. 12-14)

last update 11.12.2020

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