40 Amendments of Kathleen VAN BREMPT related to 2018/0245(NLE)
Amendment 23 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The nuclear accidents in Chernobyl in 1986 and in the nuclear power plant Fukushima Daiichi in 2011 have clearly shown that nuclear accidents have devastating global consequences for citizens and the environment. This underlines the necessity for the highest nuclear safety standards and safeguards and continuous efforts to improve these standards and safeguards globally, as well as for the Community’s engagement in supporting these goals in third countries. These standards and safeguards should reflect state of the art practices, in particular in governance and regulatory independence.
Amendment 25 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) Only the Union and the Community together can create the critical mass necessary to react to global challenges such as nuclear safety. Only they are apt to deliver valuable external assistance and to cooperate with third countries through their significant expertise in the field of nuclear safety, building on their own activities and successful policies within the Union.
Amendment 26 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3 c) As international regulation on nuclear safety is extensive, but not exhaustive, the Community, as a leading organisation in nuclear safety, has the role to contribute to filling gaps in nuclear safety regulation with this instrument.
Amendment 28 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The Community is member of the Convention on Nuclear Safety (1994) and member of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (1997).
Amendment 29 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Transparency and public information in relation to nuclear safety, safeguards, decommissioning and waste management activities such as required by e.g. the Aarhus Convention (1998) are an important element to prevent negative impacts of radioactive material on citizens and the environment and should thus be guaranteed under this instrument.
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Community should continue its close cooperation, in accordance with Chapter 10 of the Euratom Treaty with the International Atomic Energy Agency (IAEA), in relation to nuclear safety and nuclear safeguards, in furtherance of the objectives of Chapters 3 and 7 of Title II. It should further cooperate with other highly regarded international organisations in the field such as the Organisation for Economic Co-operation and Development/Nuclear Energy Agency, the European Bank for Reconstruction and Development and the Northern Dimension Environmental Partnership, which pursue similar goals in nuclear safety as the Community. Coherence, complementarity and cooperation between this instrument and these organisations and their programmes can increase the scope, efficiency and effectiveness of nuclear safety measures around the world. Unnecessary duplications and overlaps should be avoided.
Amendment 31 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) To continuously improve nuclear safety and to enhance regulation in this area in the Union, the Council adopted the Council Directives 2009/71/Euratom as amended by Directive 2014/87/Euratom, 2011/70/Euratom and 2013/59/Euratom. These directives, as well as the high nuclear safety and decommissioning standards in the Community, shall serve as a guideline for actions financed under this instrument and shall motivate cooperating third countries to implement regulations and standards with the same level of safety.
Amendment 32 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) The concepts of nuclear safety and nuclear security are inextricably linked, as lacks in nuclear safety, e.g. in safe operation processes, can lead to nuclear security risks, and as nuclear security risks, especially new risks e.g. in cyber- security, may lead to new challenges for nuclear safety. Thus, the Union’s nuclear security activities in third countries, as laid down in Annex II of Regulation No 2018/0243 (NDICI) and activities funded through this instrument should be coherent and complementary.
Amendment 35 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) In order to be able to implement the highest nuclear safety standards and to detect flaws in existing safety measures and regulations in third countries, stress tests should be carried out in third countries, especially in those building new reactors. Their results should then be used to implement measures to address the detected flaws immediately. The European Parliament should be informed regularly by the Commission about the activities in nuclear safety undertaken in third countries and about the status of their implementation.
Amendment 37 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) The projects funded by this instrument should be coherent with the internal and external policies of the Union by e.g. contributing to the achievement of the Sustainable Development Goals such as Good health and well-being, Clean water and sanitation and Climate Action. The instrument itself should follow the principles of good governance and by that contribute to the Sustainable Development Goal Peace, justice and strong institutions.
Amendment 38 #
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7 c) The instrument should, through projects funded by it, contribute to the climate-mainstreaming of the European budget.
Amendment 39 #
Proposal for a regulation
Recital 7 d (new)
Recital 7 d (new)
(7 d) In order to fully support nuclear safety measures in third countries, soft and hard support is necessary. Hence, this instrument should seek to fund actions in both areas.
Amendment 40 #
Proposal for a regulation
Recital 7 e (new)
Recital 7 e (new)
(7 e) According to Art. 3 TEU, it is the Union’s goal to improve its people’s well- being. This instrument offers the opportunity for the Union to improve sustainably the socio-economic and health situation of people globally, within and beyond its borders, and especially of those living near nuclear power plants and/or uranium mining areas.
Amendment 41 #
Proposal for a regulation
Recital 7 f (new)
Recital 7 f (new)
(7 f) This instrument should not, by any means, promote the use of nuclear energy in third countries and the Union, but should exclusively focus on improving nuclear safety standards globally.
Amendment 47 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) There are still great differences in nuclear safety standards between industrial and developing countries. It is therefore important to further support developing countries in the implementation of nuclear safety standards and regulations. This is why this instrument should focus primarily on such countries.
Amendment 48 #
Proposal for a regulation
Recital 10
Recital 10
(10) The Union and the Community should seek the optimal and most efficient use of available resources and should seek to improve the implementation and quality of spending 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 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, as long as the contributions do not cover the same costs.
Amendment 49 #
Proposal for a regulation
Recital 13
Recital 13
(13) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 106(a) of the Euratom Treaty and Article 322 of the Treaty on the Functioning of the European Union should apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, financial assistance, budget support, trust funds, financial instruments, if a thorough evaluation confirms the conformity of the sources and destination of funds with the Union’s values and principles, and budgetary guarantees, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 106(a) of the Euratom Treaty and Article 322 of the Treaty on the Functioning of the EU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in Member States and third countries, as the respect for the rule of law is essential for sound financial management and effective EU funding.
Amendment 50 #
Proposal for a regulation
Recital 14
Recital 14
(14) The types of financing and the methods of implementation under 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, while considering their accessibility for potential partners and their ability to create legal certainty. 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 Article 125(1) of the Financial Regulation.
Amendment 51 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) As nuclear is an important and sensitive strategic sector, it should be ensured that projects funded under the instrument do not contribute to any illegal nuclear activities or nuclear activities against the Union’s interest, values or principles by thorough monitoring, reporting and evaluation processes.
Amendment 52 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to foster the implementation of the highest standards of nuclear safety in third countries efficiently and timely, decision and negotiations processes within the Commission and with third countries need to be efficient and fast.
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The objective of this Regulation is to complement those nuclear cooperation activities that are financed under [the Regulation NDICI], as well as activities by international organisations such as the IAEA or the OECD/NEA, in particular in order to support the promotion of a high level of nuclear safety, radiation protection, and the application of effective and efficient safeguards of nuclear materials in third countries, building on the activities within the Community and in line with the provisions of this Regulation and helping to ensure a purely civilian use of nuclear material and by that, the protection of citizens and the environment. The Regulation shall not promote the use of nuclear energy in third countries or the Union.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) the promotion of an effective nuclear safety culture and governance and implementation of the highest nuclear safety and radiation protection standards, and continuous improvement of nuclear safety;
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) responsible and safe management of spent fuel and radioactive waste and the fast and efficient decommissioning and remediation of former nuclear sites and installations;
Amendment 61 #
Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(b a) attributing responsibility to nuclear operators and waste licensees by demanding full insurance of all operations and installations as well as waste and spent fuel sites, with all insurance costs, liabilities and costs for damage caused to people and the environment in the case of accidents, fully covered and born by the operators and licensees;
Amendment 69 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 70 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 71 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In implementing this Regulation, consistency, synergies and complementarity with Regulation (EU) No XXX/XXX NDICI, other Programmes of Union external action, other relevant Union policies and ProgrammesDirectives such as the Council Directives 2009/11/Euratom as amended by Directive 2014/87/Euratom, 2011/70/Euratom and 2013/59/Euratom, Union goals and values and Programmes such as the Research and Training Programme of the European Atomic Energy Community complementing Horizon Europe, as well as policy coherence for development shall be ensured.
Amendment 72 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Commission shall coordinate its cooperation with third countries with organisations pursuing similar objectives, in particular international organisations, including in particular the IAEA. That coordination will enable the Community and the organisations concerned to avoid any duplication of actions and funding in relation to third countries. The Commission shall also involve the competent authorities of Member States and European operators in the fulfilment of its task, thereby harnessing the quality of European expertise in the field of nuclear safety and safeguards. The Commission shall ensure that there is no duplication between the cooperation in the field of safeguards.
Amendment 73 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 300 million in curreonstant prices.
Amendment 75 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The multiannual indicative programmes shall constitute a general basis for the cooperation, and shall set out the Community's goals for cooperation under this Regulation, having regard to the needs and circumstances of the countries concerned, the Community's priorities, the international situation and the activities of the third countries concerned. The multiannual indicative programmes shall also indicate the added value of the cooperation and how to avoid duplication with other programmes and initiatives, in particular those of international organisations pursuing similar objectives and major donors.
Amendment 77 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt the multiannual indicative programmes in accordance with the examination procedure referred to in Article 13(2). The Commission shall, following the same procedure, revisew them at mid-term and, if necessary, revise and update those indicative programmes.
Amendment 81 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) expenditures related to the provision of information and communication actions, including the development of communication strategies and corporate communication and visibility of the political priorities, goals and values of the Union.
Amendment 83 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Financial instruments shall only be used under this instrument after a thorough evaluation of the source and destination of the funds which should be completely in line with the Union’s interest, values and principles and with the objectives of this regulation.
Amendment 86 #
Proposal for a regulation
Article 11 – paragraph 9 a (new)
Article 11 – paragraph 9 a (new)
9 a. Third countries wishing to cooperate with the Community shall fully subscribe to the principles of non- proliferation. They shall also be parties to the relevant Conventions, within the framework of the IAEA, on nuclear safety, such as the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, or have taken steps demonstrating a firm undertaking to accede to such Conventions. This commitment shall be evaluated annually and, on the basis of that evaluation, a decision will be taken with regard to the continuation of the cooperation. Cooperation with the Community could be made conditional on accession to or the completion of steps towards accession to the relevant Conventions. In cases of emergency, flexibility shall, exceptionally, be shown in the application of those principles.
Amendment 87 #
Proposal for a regulation
Article 11 – paragraph 9 b (new)
Article 11 – paragraph 9 b (new)
9 b. In order to ensure and to monitor compliance with the cooperation objectives of this Regulation, the third country concerned shall accept the evaluation of the actions undertaken. This evaluation should allow the monitoring and verification of compliance with the agreed objectives and could be a condition for continued payment of the Community contribution.
Amendment 88 #
Proposal for a regulation
Article 11 – paragraph 9 c (new)
Article 11 – paragraph 9 c (new)
9 c. Cooperation provided by the Union in the field of nuclear safety and safeguards under this Regulation is not aimed at promoting nuclear energy and should therefore not be interpreted as a measure to promote that energy source in third countries.
Amendment 91 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) number of legal and regulatory acts prepared, introduced and or revised and their successful implementation, as well as their impact on nuclear safety standards and safeguards in the respective countries, including impact on citizens and environment; and
Amendment 93 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) number of design, concept or feasibility studies for the establishment of facilities in line with the highest standards of nuclear safety and the successful implementation of the results of these studies.
Amendment 97 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Monitoring, reporting and evaluation processes shall ensure that projects funded under this instrument do not contribute to any illegal nuclear activities or nuclear activities against the interests, values and principles of the Union or against the objectives of this regulation.
Amendment 98 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Transparency The Commission and the third countries cooperating with the Union under this instrument shall ensure that necessary information in relation to the nuclear safety measures undertaken in these countries with the help of the instrument and in relation to these countries’ nuclear safety standards in general, is made available to workers and the general public, with specific consideration to local authorities, population and stakeholders in the vicinity of a nuclear installation. That obligation includes ensuring that the competent regulatory authority and the licence holders provide information within their fields of competence. Information shall be made available to the public in accordance with relevant legislation and international instruments, provided that this does not jeopardise other overriding interests, such as security, which are recognised in relevant legislation or international instruments.