This document is an excerpt from the EUR-Lex website
Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Consolidated text: Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Council Decision (CFSP) 2016/2383 of 21 December 2016 on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
02016D2383 — EN — 08.06.2020 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COUNCIL DECISION (CFSP) 2016/2383 of 21 December 2016 (OJ L 352 23.12.2016, p. 74) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
L 179I |
2 |
9.6.2020 |
COUNCIL DECISION (CFSP) 2016/2383
of 21 December 2016
on the Union support for the International Atomic Energy Agency activities in the areas of nuclear security and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction
Article 1
1. For the purpose of giving immediate and practical implementation to certain elements of the Strategy, the Union shall support the IAEA's activities in the areas of nuclear security in order to further the following objectives:
achieving progress towards the universalisation of international non-proliferation and nuclear security instruments;
assisting States in the establishment of indigenous technical, scientific and human capacity necessary for effective, sustainable nuclear security;
strengthening capacities to prevent, detect, respond and protect people, property, environment and society from criminal or intentional unauthorised acts involving nuclear or other radioactive material out of regulatory control;
strengthening the detection of, and response to, illicit trafficking of nuclear and other radioactive material;
contributing to computer security in the nuclear field;
strengthening the security of radioactive sources, to bring them to a safe and secure storage in the countries in need of support, including repatriation to the country of origin or supplier;
strengthening physical protection of nuclear and other radioactive material.
2. The projects shall aim at:
ensuring the sustainability and effectiveness of support provided through previous Joint Actions and Decisions;
strengthening States' Indigenous Nuclear Security Support Infrastructure;
strengthening States' Legislative and Regulatory Framework;
strengthening Nuclear Security Systems and Measures for Nuclear and other Radioactive Materials;
strengthening States' Institutional Infrastructure and Capabilities to Deal with Nuclear and Radioactive Materials out of Regulatory Control;
strengthening States' Response and Resilience to Cyber Crime and Mitigating its Impact on Nuclear Security;
enhancing education and training capacities in the field of Nuclear Security;
ensuring focused and continuing support for the implementation and the universalization of the Amendment to the Convention on the Physical Protection of Nuclear Material.
3. Preparations for this Decision shall be based on the information already available to the IAEA and the results of the tasks conducted under previous Joint Actions and Decisions.
4. A detailed description of the projects is set out in the Annex. The lists of target countries shall be based on the definition of needs following an analysis of missing gaps as reflected in existing Integrated Nuclear Security Support Plans (INSSP), or on an accepted proposal by the IAEA Secretariat. The lists of beneficiary countries and of subregions should be defined by the Member States of the Union in consultation with the IAEA.
Article 2
1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.
2. The projects referred to in Article 1(2) shall be carried out by the IAEA as the Implementing Entity. It shall perform this task under the responsibility of the HR. For that purpose, the HR shall enter into the necessary arrangements with the IAEA.
Article 3
1. The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 9 361 204,23 .
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude a financing agreement with the IAEA. The financing agreement shall stipulate that the IAEA is to ensure visibility of the Union's contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. These reports shall form the basis for the evaluation by the Council.
2. The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).
Article 5
1. This Decision shall enter into force on the date of its adoption.
2. ►M1 This Decision shall expire on 14 December 2020. ◄
ANNEX
Union support for IAEA activities in the areas of nuclear security in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Eligibility and selection of recipient States
States eligible to receive support under this Decision comprise all IAEA Member States in need of support in the field of nuclear security, subject to a decision by the Union, based on an IAEA proposal. Modifications to the proposals may be made by the IAEA, in writing, to the Union setting out a justification for the proposed changes. The changes will be implemented after agreement by the Union. The selection of recipient States (‘beneficiary countries’) as indicated in this Decision should be based on the assessments and data already available to the IAEA acquired also under previous Council Decisions and in consultation with the relevant Council bodies, with the aim of ensuring maximum impact of the action. Close coordination with the Centres of Excellence Initiative, projects financed by the European Commission as well as other initiatives and programs will be undertaken to avoid duplication and maximise cost effectiveness and continued risk reduction through meetings of the EU CBRN Centres of Excellence Initiative management during the annual meetings between the Joint Research Centre and the IAEA Secretariat and in the margins of the annual Nuclear Security Support Centres (NSSC) plenary meeting. The use of funds for specific activities will be in line with Union priorities and subject to regular prior consultation. Some activities such as Regional Training Courses (RTC) and International Training Courses (ITC) will be hosted by States other than beneficiary countries. This represents a contribution to IAEA activities by the host State.
Each project includes a list of potential beneficiary countries agreed between the Union and the IAEA. Projects will be implemented in the selected States of those regions and can encompass activities in the following areas:
sustainability and Effectiveness of Support provided through previous Joint Actions and Decisions;
strengthening of States' Indigenous Nuclear Security Support Infrastructure;
strengthening of States' Legislative and Regulatory Framework;
strengthening of Nuclear Security Systems and Measures for Nuclear and other Radioactive Materials;
strengthening of States' Institutional Infrastructure and Capabilities to Deal with Nuclear and Radioactive Materials out of Regulatory Control;
strengthening of States' Response and Resilience to Cyber Crime and Mitigating its Impact on National and Nuclear Security;
addressing the Security of Radioactive Sources by Source Repatriation;
Preventive and Protective Measures against Insider Threats and Nuclear Material Accounting and Control.
I. PROJECTS
Project 1:
Support for the implementation of the ACPPNM
The ACPPNM entered into force on 8 May 2016. It makes it legally binding for States to establish, implement and maintain an appropriate physical protection regime based on 12 fundamental principles, applicable to nuclear material and nuclear facilities under their jurisdiction in peaceful domestic use, storage and transport. The project will focus on implementation, capacity building and universalisation of the ACPPNM. It also makes it legally binding for States Parties to protect nuclear facilities and material in peaceful domestic use, storage as well as transport, and provides for expanded cooperation between and among States regarding rapid measures to locate and recover stolen or missing nuclear material, mitigates any radiological consequences of sabotage, and prevents and combats related offences.
Project purposes:
Project description:
Expected results of the project:
Project 2:
Sustainable Project
The proposed Sustainable Project builds on the intensive work on Detection Architecture Framework funded by Decision 2013/517/CFSP. It results from the four Impact Assessment Missions on previous Joint Actions and Decisions performed in Cuba, Indonesia, Jordan, Lebanon, Malaysia and Vietnam. Those six States requested IAEA support in their INSSP on this project.
The project seeks to provide tools for supporting the nuclear security detection architecture, i.e. the integrated set of nuclear security systems and measures, based on an appropriate legal and regulatory framework needed to implement the national strategy for detection of nuclear and other radioactive material out of regulatory control. The proposed project is in line with the support already extended by the Union in delivering detection equipment such as Radiation Portal Monitors (RPMs) and Hand Held equipment.
2.1. Maintenance Training Tools
Project purposes:
Project description:
Expected results of the project:
2.2. Software Tools used for Regulatory Bodies
Information is vital for the effective operation of RPMs. The development of common data formats and testing protocols enables the effective communication between multiple operators. Integrating data from detection instruments such as RPMs coming from different providers into information networks is an important element of developing an effective overall detection system. This project could help States significantly improve their operational effectiveness by integrating detection system into national data sharing networks. Sharing information between location and operators can reduce duplicate inspections and rapidly clear innocent and false alarms associated with many passive detection systems.
This project would implement an Integrated System through software tools to improve the analysis process and to offer recommendations for appropriate equipment. A feedback way from Regulatory Body to local RPM Station will increase the efficiency of the system and will support the work of front line officers (FLOs).
Project purposes:
Project description
Expected results of the project:
Project 3:
Strengthening nuclear security with a regional focus on the EU Neighbourhood and Latin America
The objective of this project is to enhance national capabilities for developing and drafting a legislative and regulatory framework and building up capacities within IAEA Member States for the establishment of a comprehensive National Nuclear Security regime. The European Union has initiated a regional project in sub-Saharan Africa dealing with safety, security and safeguards of uranium production, transport and safe management of radioactive sources. That project develops similar nuclear security-related activities as the ones proposed under this project. Therefore, the IAEA will benefit from the feedback and results of the Union project to implement activities in total or partially in the concerned regions. The programme meets the direction set out in OP 13 of GC/RES/10 in which the Secretariat was encouraged to facilitate a coordination process relating to the interface between safety and security. Two Divisions of the IAEA will be involved: NRSW (Safety) and NSNS (Security) in a subregional capacity approach.
3.1. Strengthening Nuclear Security
Project purpose:
Project description:
Expected result of the project:
3.2. Strengthening of the national Nuclear Security Legal and Regulatory Framework
Project purpose:
Project description:
Expected results of the project:
3.3. Security of Radioactive Sources
Project purposes:
Project description:
3.4. Human Resources Development
Project purpose:
Strengthening the States' capacities to prevent, detect, and respond to, and to protect people, property, environment and society from criminal or intentional unauthorised acts involving nuclear or other radioactive material out of regulatory control, including through regional human resource development and capacity-building efforts, where available.
Project description:
Expected results of the project:
3.5. Focus on Latin America
Focus on support for Spanish-speaking Latin American States. The aim is to translate as many documents concerned as possible into Spanish, for a greater appropriation of the outcomes of activities by those States.
3.5.1. Education Program
International/Regional School on Nuclear Security
A two-week course will be addressed to professionals from developing countries, ideally with one to three years of experience, working at a relevant institution in their home country with responsibility covering some aspects of nuclear security. Candidates should have a specific career interest in the knowledge of nuclear security, although their academic background may vary. Candidates with scientific or technical discipline of relevance to nuclear security, such as nuclear physics, nuclear engineering or political science, and/or in related fields, are specifically encouraged to apply.
This activity is intended to be hosted in Spain and delivered in Spanish and English. It will be oriented to Latin and Central American States. The curriculum will be based on the curriculum used at the schools held in the International Centre for Theoretical Physics, with support from the Italian Government.
Regional School on Nuclear Security in Cuba
The content and material described under point 3.5.1 will form the basis for a Regional School on Nuclear Security in Cuba. This will be implemented in conjunction with the Nuclear Security Support Centre being created in Cuba. This School is intended to be used at Regional level and to develop Education in Latin America in the nuclear security field.
Expected results of the project:
3.5.2. Follow-up Activities on Nuclear Security of Material out of Regulatory Control for previous Joint Actions and Decisions
Project purpose:
Project description:
The IAEA has received a number of requests for assistance in Latin and Central America, the implementation of which would ensure the sustainability of activities initiated under previous Joint Actions and Decisions. The requests are identified in INSSP and cover expert missions in particular in hospitals, field exercises, National Training Courses (NTC)/RTCs/ITCs and the procurement of some detection equipment in Argentina and Cuba.
Expected results of the project:
3.6. Nuclear Security of Material out of Regulatory Control in the EU Neighbourhood States
Project purpose:
Project 4:
Strengthening computer security awareness
The IAEA Division of Nuclear Security offers an integrated set of activities to assist States in establishing and enhancing computer security within national nuclear security regimes. This project will support the IAEA's programme of activities to assist States with improving computer security within the framework of their nuclear security regimes.
Project purpose:
Project description:
Expected results of the project:
Project 5:
Security of Nuclear Material and Nuclear Facilities
The IAEA will continue to contribute to the improvement of global and national nuclear security through activities that would support, upon request, States in their efforts to reduce the risk that nuclear or other radioactive material in use, storage and/or transport could be used in malicious acts. National nuclear security systems need to be supported through provision of security upgrades at nuclear facilities or radioactive sources and national training in a systematic manner and provide specific technical support required for effective use and maintenance of physical protection systems and other nuclear security technical systems.
Project purpose:
Project description:
Expected results of the project:
Project 6:
International Physical Protection Advisory Service (IPPAS) Missions
The IPPAS program, initiated in 1995, is a fundamental part of IAEA efforts to assist Member States to establish and maintain an effective physical protection regime to protect against the unauthorised removal of nuclear material and the sabotage of nuclear facilities and material. IPPAS provides peer advice on implementing relevant international instruments, in particular the ACPPNM and on implementing the IAEA Nuclear Security Series of guidance documents, particularly the Fundamentals and Recommendations.
Project purpose:
Project description:
Expected results of the project:
Project 7:
Source Repatriation
The security of radioactive sources should be addressed at all lifecycle stages, including when, sources become disused. States will be encouraged to develop national strategies for the management of disused sources, which include one or more of the following management options: repatriation to the country of origin or supplier, national secure storage pending disposal, or export for recycling or re-use or secure storage
Project purposes:
Project description:
Expected results of the project:
For the selection of the sources to be repatriated, the following criteria will be used: high activity source (Category 1 or 2); European origin; no funding for repatriation available at this point; single source-repatriation, meaning that they are not part of a larger inventory, so the single-source repatriation would result in a significant risk-reduction effect.
Project 8:
Follow-up to Cycle IV to Cycle VI Projects
8.1. Insider Threat, Nuclear Material Accountancy and Control (NMAC)
Project purpose:
Project description:
Expected results of the project:
8.2. Development of Security and Safety for Transport
Project purpose:
The IAEA develops comprehensive guidance in the Nuclear Security Series to assist States to meet their obligations under the international legal framework for nuclear security. Additional guidance is required to address the security of nuclear and other radioactive materials in transport.
Project description:
Expected results of the project:
8.3. Nuclear Forensics
Project purpose:
Project description:
Expected results of the project:
Possible beneficiary countries: all Northern African Member States and EU Neighbourhood States.
8.4. Establishment of Effective National Response Framework
The threat of nuclear terrorism has been recognised as a matter of concern for all States, and the risk that nuclear material or other radioactive material may be used in a criminal act or an intentional unauthorised act represents a serious threat to national and regional security, with potentially serious consequences for people, property and the environment.
The potential consequences of a criminal act or an intentional unauthorised act involving nuclear and other radioactive material out of regulatory control depend on the material's amount, form, composition and activity. Such acts could lead to severe health, social, psychological and economic impacts, damage to property, and political and environmental consequences. For example, major public events with international status regularly occur. Because of their visibility, the result of around the clock media coverage, it is widely acknowledged that there is a substantial threat of a terrorist attack on a high-profile political or economic summit meeting or a major sporting event.
Nuclear and other radioactive material is on the move every day, whether authorised and subject to national and international regulations for transport, or unauthorised, or being handled by those who wish to avoid detection. Effective nuclear security control measures help to ensure that only legitimate movements occur and that realistic and effective procedures are applied to prevent, detect, and respond to events promptly.
Each State bears a responsibility to be prepared to prevent, detect and respond to nuclear security events, including those that may trigger a radiological emergency.
Project purpose:
Project description:
Expected results of the project:
8.5. Detection
Project purpose:
Project description:
Expected results of the project:
II. REPORTING AND ASSESSMENT
The IAEA will submit to the HR and to the Commission two annual reports and a final financial and narrative report on the implementation of the projects, and in addition, three informal semestrial progress reports. Dedicated informal reports will be processed by the IAEA on relevant topics, when needed on request of the Commission.
The final financial and narrative report will review the detailed implementation of all projects and will also contain:
A copy of the reports will be sent to the Union Delegation in Vienna.
III. PARTICIPATION OF NO COST EXPERTS COMING FROM EU MEMBER STATES
The active involvement of experts coming from Member States of the Union is necessary for the successful implementation of this Decision. The IAEA will make use of those experts for the projects. The IAEA will develop proposals for costs relating to staff to be funded from the Union contribution, based on a needs analysis once the list of beneficiaries is agreed. Those staff will be engaged under the IAEA's rules.
IV. DURATION
The total estimated duration of the projects' implementation is 36 months.
V. BENEFICIARIES
The beneficiary countries of the various projects will be taken from the following respective lists.
If States decide they are unable to take up the assistance, the IAEA will propose new recipients to CONOP based on needs identified through INSSP.
The beneficiaries of Project 1 will be in Africa: Algeria, Egypt, Mauritania, Niger, Morocco, Tunisia; in Asia and the Pacific: Malaysia, Pakistan and other States — to be determined, requesting IAEA support; in Latin America and the Caribbean: Argentina, Chile, Colombia, Cuba, Peru, Uruguay, and EU Neighbourhood States.
The beneficiaries of Project 2 will be Cuba, Indonesia, Jordan, Lebanon, Malaysia and Viet Nam.
The beneficiaries of Project 3 will be EU Neighbourhood States: Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Egypt, Georgia, Jordan, Lebanon, Libya, the former Yugoslav Republic of Macedonia, Mauritania, Republic of Moldova, Montenegro, Morocco, Tunisia, Turkey and Ukraine and countries in Latin and Central America: Bolivia, Chile, Colombia, Cuba, Ecuador, Honduras, Panama, Paraguay.
The beneficiaries of Project 4 will be Northern Africa, South — East Asia, Latin America, Nations/Regions in the beginning stages of developing nuclear power programmes and research reactor capabilities and — Viet Nam, Egypt, Turkey, Thailand, and others to be decided at a later stage.
The beneficiary of Project 5 will be Egypt.
The beneficiaries of Project 6 will be Belarus, Democratic Republic of Congo, Jamaica, Lebanon, Madagascar and Vietnam.
The beneficiaries of Project 7 will be selected from the following: Albania, Bahrain, Burkina Faso, the former Yugoslav Republic of Macedonia, Lebanon and Madagascar.
The beneficiaries of Project 8 will be Algeria, Albania, Bangladesh, Cuba, Georgia, Kazakhstan, Malaysia, Morocco, Ukraine, Vietnam, or other States to be decided at a later stage, requesting IAEA support in INSSP from Africa, Asia, Central and Latin America; Specific Hosting States: Germany, Austria.
VI. EU VISIBILITY
IAEA shall take all appropriate measures to publicise the fact that the Action has been funded by the Union. Such measures will be carried out in accordance with the Commission Communication and Visibility Manual for EU External Actions laid down and published by the European Commission. The IAEA will thus ensure the visibility of the Union contribution with appropriate branding and publicity, highlighting the role of the Union, ensuring the transparency of its actions, and raising awareness of the reasons for the Decision as well as Union support for the Decision and the results of this support. Material produced by the project will prominently display the Union flag in accordance with Union guidelines for the accurate use and reproduction of the flag. Where appropriate, the IAEA will invite representatives of the Union and of the Member States of the Union to missions or events related to the implementation of this Decision.
VII. IMPLEMENTING AGENCY
The IAEA will be entrusted with the technical implementation of the projects. The projects will be implemented directly by staff of the IAEA, experts from the Members States and contractors. The implementation of the projects will be in accordance with the Financial and Administrative Framework Agreement and the financing agreement to be concluded between the European Commission and the IAEA.