PURPOSE: to establish an Instrument for Nuclear Safety Cooperation (INSC) 2014-2020 following the “Instrument for Nuclear Safety Co-operation” with third countries, 2007-2013 .

NON-LEGISLATIVE ACT: Council Regulation (Euratom) No 237/2014 establishing an Instrument for Nuclear Safety Cooperation.

BACKGROUND: this Regulation is placed within the framework of the new multiannual financial framework ( MFF ) 2014-2020 applicable to the Union’s external policy and cooperation with third countries. The measures provided are the following:

Financing instrument for development cooperation (IDC) ; Partnership instrument for cooperation with third countries (PI) ; Instrument for Pre-accession Assistance (IPA II) ; European Neighbourhood Instrument (ENI) ; this Instrument for Nuclear Safety Cooperation (INSC); Instrument contributing to stability (IS) ; Financing instrument for democracy and human rights worldwide (IDHRW) .

All of the procedures for the implementation of these instruments would be governed by specific Regulation adopted at the same time .

CONTENT: with this Regulation, the Unions provides assistance aimed at supporting the promotion of a high level of nuclear safety and radiation protection as well as the application of efficient and effective safeguards of nuclear material in third countries .

Specific objectives : cooperation under this Regulation shall pursue the following specific objectives:

1. 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;

2. responsible and safe management of spent fuel and radioactive waste (transport, pre-treatment, treatment, processing, storage and disposal, and the decommissioning and remediation of former nuclear sites and installations);

3. the establishment of frameworks and methodologies for the application of efficient and effective safeguards for nuclear material in third countries.

To this end, a series of specific measures have been provided detailing the scope of targets to achieve including:

promotion and support for regulatory bodies; measures for the prevention of accidents with radiological consequences, including accidental exposure to radioactive waste; measures ensuring safety of nuclear installations; measures for the remediation of legacy sites related to uranium mining; staff training ad hoc provided that these measures are not diverted for improper uses.

The measures may include actions to promote international cooperation, including implementation and monitoring of international Conventions and Treaties, knowledge transfer in the area of nuclear safety and research, cooperation with the competent authorities of Member States of the Union and/or with third countries' authorities, nuclear regulators and their technical support organisations, and/or relevant international organisations, in particular the International Atomic Energy Agency (IAEA).

An Annexe also defines the criteria for cooperation on nuclear safety (including priorities for action).

Financial envelope : in line with the multiannual financial framework, the financial reference amount for the implementation of this Regulation over the period 2014 to 2020 is fixed at EUR 225 321 000 .

Indicative financial programming : some measures provide for the implementation of the financial programming framework and the allocation of funds. The cooperation under this Regulation shall be implemented on the basis of a general multiannual strategy paper on a general basis for the cooperation for a maximum period of up to seven years. This document shall have regard to the needs of the countries concerned, the Community's priorities, the international situation and the activities of the respective third countries.

The preparation of the strategy paper shall be subject to the principles of aid effectiveness: (national ownership, partnership, coordination, harmonisation, alignment to recipient country or regional systems, mutual accountability and results orientation). The Commission shall approve the strategy paper in line with the examination procedure.

Multiannual indicative programmes would also be drawn up on the basis of the strategy paper (with a duration of two to four years) with actions and funding as well as annual action programmes . Different adoption and implementation rules are planned according to the types of measures to be financed.

Coherence and complementarity : the Union should seek the most efficient use of available resources in order to optimise the impact of its external action. The Commission should ensure that the measures adopted are consistent with the Union's overall strategic policy framework for the partner country concerned, and, in particular, with the objectives of that partner country's development and economic cooperation policies and programmes.

Progress towards the achievement of the specific objectives shall be assessed through a series of performance indicators defined in the Regulation.

The cooperation provided shall be complementary to that provided by the Union under other instruments.

Implementation procedures : most of the implementing rules for this Regulation are those laid down in the Instruments for financing external action to implement EU external policy .

Report : the Commission should review progress made in the implementation of this Instrument through an annual report to be submitted to the European Parliament and to the Council.

ENTRY INTO FORCE: 18.03.2014. The Regulation shall apply from 01.01.2014 until 31.12.2020.

The European Parliament adopted by 565 votes to 88, with 31 abstentions, in the context of a special legislative procedure (consultation of the European Parliament), a legislative resolution on the proposal for a Council Regulation establishing an Instrument for Nuclear Safety Cooperation.

Parliament approved the Commission proposal subject to the following amendments:

Strengthening the upholding of nuclear safety standards : as long as existing nuclear power stations remain in operation and new ones are being built, this instrument should aim to ensure that the level of nuclear safety in assisted countries reflects European safety standards , that such standards are upheld and that support for independent supervisory authorities is made a main priority.

Nuclear safety governance : Parliament stressed that a number of countries around the world are considering or planning to build nuclear power plants, which brings about a wide range of challenges and the need for creating adequate nuclear safety cultures and governance systems . It is necessary to find ways of improving the safety and security of nuclear power plants being developed close to the Union's borders, in particular where there is a lack of political cooperation with the Union. In this regard, stress tests should be carried out in all Member States and third countries concerned in order to detect potential safety hazards and the necessary measures to correct them should be implemented immediately. By acting within common policies and strategies with its Member States and by cooperating with international and regional organisations, the European Union is well placed to respond to global challenges and to coordinate cooperation with third countries. Priority should be given to ensuring support from independent supervisory authorities and to supporting their regulators, as well as multilateral regional and international structures which can strengthen confidence and the application of standards through peer review mechanisms.

Main objective: civilian nuclear: Parliament stipulated that the European Union finances measures seeking to support the promotion of a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards of nuclear material in third countries, in line with the provisions of this Regulation. This will ensure that nuclear material is used only for the civilian purposes for which it is intended .

Specific objectives : amongst the specific objectives, the following have been included:

responsible and safe management of spent fuel and radioactive waste ; decommissioning and remediation of former nuclear sites and installations in third countries .

Financed measures: the objectives shall be achieved primarily through the following measures:

(a) support for regulatory bodies to ensure their independence, competence and development and for investment in human resources;

(b) support for measures to strengthen and implement the legislative framework;

(c) support for the design and implementation of safety assessment systems based on standards similar to those applied in the European Union;

(d) cooperation in the following areas: expertise, experience and skills development, accident management procedures and accident prevention, strategies for responsible and safe management of spent fuel and decommissioning strategies.

The measures shall include a substantial element of knowledge transfer (expertise sharing, support for both existing or new education and training programmes in the area of nuclear safety) in order to reinforce sustainability of the results achieved.

Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex.

The financial, economic and technical cooperation provided under this Regulation shall be complementary to that provided by the Union under other development cooperation instruments.

Eligible countries : in providing aid under this instrument, priority shall be given to countries beneficiaries of the Instrument for Pre-Accession Assistance and the European Neighbourhood Instrument.

Financial envelope: in accordance with the Regulation laying down the multiannual financial framework for 2014-2020, the financial reference amount for the implementation of this Regulation is EUR 225 321 000 .

Strengthening the consistency and complementarity of actions to avoid duplication: there is a need to ensure better coordination, consistency and complementarity of efforts in the field of nuclear safety on EU and national levels, but also with other international, local and regional organisations, in order to avoid overlaps and maximise the effects of financing .

In implementing this Regulation, coherence shall be ensured with other areas and instruments of the Union external action, as well as other relevant Union policies. The Union and the Member States shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue in accordance with the established principles for strengthening operational coordination in the field of external support, and for harmonising policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle.

The Union shall, in liaison with the Member States, take the necessary steps to ensure proper coordination and cooperation with multilateral and regional organisations and entities, including, but not limited to, European financial institutions, international financial institutions, United Nations agencies, funds and programmes, private and political foundations and non-Union donors.

The programme shall be complementary to that provided by the Union under other development cooperation instruments and the Framework Programme for Research and Innovation (2014 - 2020) (´ Horizon 2020 `) and the Research and Training programme of the European Atomic Energy Community (2014 - 2018) complementing Horizon 2020.

Reporting : the Commission shall review the progress achieved in implementing the measures taken pursuant to this Regulation and shall submit to the European Parliament and the Council a biannual report on the implementation of the cooperation assistance.

The report shall contain information relating to the previous two years on the measures financed, information on the results of monitoring and evaluation exercises and the implementation of budget commitments and payments, broken down by country, region and type of cooperation, as well as the plans of third countries in the area of nuclear safety.

Annexes : a series of amendments have been made to the Annex of the future Regulation following amendments made in Plenary.

The Committee on Industry, Research and Energy adopted, in the context of a special legislative procedure (consultation of the European Parliament), the report by Holger KRAHMER (ALDE, DE) on the proposal for a Council Regulation establishing an Instrument for Nuclear Safety Cooperation.

The parliamentary committee approves the Commission’s proposal subject to the following amendments:

Strengthening the upholding of nuclear safety standards : as long as existing nuclear power stations remain in operation and new ones are being built, this instrument should aim to ensure that the level of nuclear safety in assisted countries reflects European safety standards , that such standards are upheld and that support for independent supervisory authorities is made a main priority.

Nuclear safety governance : Members stress that a number of countries around the world are considering or planning to build nuclear power plants, which brings about a wide range of challenges and the need for creating adequate nuclear safety cultures and governance systems . It is necessary to find ways of improving the safety and security of nuclear power plants being developed close to the Union's borders, in particular where there is a lack of political cooperation with the Union. In this regard, stress tests should be carried out in all Member States and third countries concerned in order to detect potential safety hazards and the necessary measures to correct them should be implemented immediately. By acting within common policies and strategies with its Member States and by cooperating with international and regional organisations, the European Union is well placed to respond to global challenges and to coordinate cooperation with third countries. Priority should be given to ensuring support from independent supervisory authorities and to supporting their regulators, as well as multilateral regional and international structures which can strengthen confidence and the application of standards through peer review mechanisms.

Main objective: civilian nuclear: Members stipulate that the European Union finances measures seeking to support the promotion of a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards of nuclear material in third countries, in line with the provisions of this Regulation. This will ensure that nuclear material is used only for the civilian purposes for which it is intended .

Specific objectives: among the specific objectives of the programme, Members add the responsible and safe management of spent fuel and radioactive waste, decommissioning and remediation of former nuclear sites and installations in third countries . The programme’s objectives are: (i) the degree to which the assisted countries develop the highest nuclear safety standards which are similar to the levels required in the Union regarding technical, regulatory and operational respects; (ii) status of development of the spent fuel, nuclear waste and decommissioning strategies, the number of and the scale of the remediation required in former nuclear sites and installations, the respective legislative and regulatory framework and implementation of projects; (iii) long-term impact on the environment.

Financed measures: the objectives shall be achieved primarily through the following measures:

(a) support for regulatory bodies to ensure their independence, competence and development and for investment in human resources;

(b) support for measures to strengthen and implement the legislative framework;

(c) support for the design and implementation of safety assessment systems based on standards similar to those applied in the European Union;

(d) cooperation in the following areas: expertise, experience and skills development, accident management procedures and accident prevention, strategies for responsible and safe management of spent fuel and decommissioning strategies.

The measures shall include a substantial element of knowledge transfer (expertise sharing, support for both existing or new education and training programmes in the area of nuclear safety) in order to reinforce sustainability of the results achieved.

Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex.

The financial, economic and technical cooperation provided under this Regulation shall be complementary to that provided by the Union under other development cooperation instruments.

Eligible countries : in providing aid under this instrument, priority shall be given to countries beneficiaries of the Instrument for Pre-Accession Assistance and the European Neighbourhood Instrument.

Financial envelope: Members point out that the financial envelope specified in the legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2014-2020.

Specific supported measures:

(a) The establishment and promotion of an effective nuclear safety culture and governance and implementation of the highest nuclear safety standards that reflect state of the art practices and radiation protection at all levels, in particular through:

the implementation of the necessary measures to ensure the highest level of safety in nuclear installations to a standard that reflects state of the art practices in the EU in technical, regulatory and operational respects; promotion of effective nuclear safety governance systems, which guarantee the independence, responsibility and authority of the regulatory bodies as well as regional and international cooperation structures between such bodies; promotion of information, education and professional training policies in the field of nuclear power and relating to the nuclear fuel cycle, nuclear waste management and radiation protection.

(b) Responsible and safe management of spent fuel and radioactive waste , decommission and remediation of former nuclear sites and installations;

(c) Assistance for ensuring a high level of competence and expertise of regulators , technical support organisations and operators (without distortion of competition) in the fields covered by this Regulation, in particular through:

continuous support for the education and training of the staff of regulatory bodies, technical support organisations and nuclear operators (without distortion of competition); promoting the development of adequate training facilities.

Strengthening the consistency and complementarity of actions to avoid duplication: there is a need to ensure better coordination, consistency and complementarity of efforts in the field of nuclear safety on EU and national levels, but also with other international, local and regional organisations, in order to avoid overlaps and maximise the effects of financing .

In implementing this Regulation, coherence shall be ensured with other areas and instruments of the Union external action, as well as other relevant Union policies. The Union and the Member States shall coordinate their respective support programmes with the aim of increasing effectiveness and efficiency in the delivery of support and policy dialogue in accordance with the established principles for strengthening operational coordination in the field of external support, and for harmonising policies and procedures. Coordination shall involve regular consultations and frequent exchanges of relevant information during the different phases of the support cycle.

The Union shall, in liaison with the Member States, take the necessary steps to ensure proper coordination and cooperation with multilateral and regional organisations and entities, including, but not limited to, European financial institutions, international financial institutions, United Nations agencies, funds and programmes, private and political foundations and non-Union donors.

The programme shall be complementary to that provided by the Union under other development cooperation instruments and the Framework Programme for Research and Innovation (2014 - 2020) (´ Horizon 2020 `) and the Research and Training programme of the European Atomic Energy Community (2014 - 2018) complementing Horizon 2020.

Reporting: the Commission shall review the progress achieved in implementing the measures taken pursuant to this Regulation and shall submit to the European Parliament and the Council a biannual report on the implementation of the cooperation assistance.

The report shall contain information relating to the previous two years on the measures financed, information on the results of monitoring and evaluation exercises and the implementation of budget commitments and payments, broken down by country, region and type of cooperation, as well as the plans of third countries in the area of nuclear safety.

PURPOSE: to establish a new instrument for nuclear safety cooperation (INSC) from 2014 to 2020 in the framework of the reform of the EU external action financial instruments and following on from the Instrument for Nuclear Safety Cooperation 2007-2013 .

PHILOSOPHY AND ACTION PLAN FOR EXTERNAL AID 2014-2020: what happens outside the borders of the EU can and does directly affect the prosperity and security of EU citizens. It is therefore in the interest of the EU to be actively engaged in influencing the world around us, including through the use of financial instruments. The Lisbon Treaty marks, in this regard, a new departure in the EU’s relations with the rest of the world.

The EU's engagement needs to be tailored to individual circumstances . Its partners range from development economies to the least developed countries in need of specific assistance from the EU.

In general, the overall objective for external action for the period 2014-2020 may be summarised as follows:

long-term commitment to establishing an area of stability, prosperity and democracy in its own neighbourhood; facilitating the EU's engagement with third countries on issues that are of global concern, such as climate change, environmental protection, irregular migration and regional instabilities, and allowing the EU to respond rapidly and effectively to natural and manmade disasters around the world.

A major rationalisation of the instruments took place in 2003 and has begun to deliver more effective results. The Commission does not consider that another major alteration of the legislative architecture is necessary for the next MFF period , although some improvements are being proposed and the overall investment is being stepped up.

The Commission proposes to allocate EUR 70 billion for the 2014-2020 period for external instruments broken down as follows:

Financing instrument for development cooperation Partnership instrument for cooperation with third countries Instrument for Pre-accession Assistance (IPA II) European Neighbourhood Instrument this Instrument for nuclear safety cooperation Instrument for Stability Financing instrument for the promotion of democracy and human rights worldwide

In parallel and for the first time, the Commission proposes a single horizontal regulation establishing common rules and procedures for the implementation of the Union’s instruments for external action.

PROPOSED ACT: Council Regulation.

BACKGROUND: since the early 1990s, support for the promotion of nuclear safety and nuclear safeguards in third countries has been an essential part of the Community’s work, both in Central Europe and in the countries of the former Soviet Union, under the nuclear safety programme components of the TACIS and PHARE programmes. From 2007, nuclear safety cooperation was extended to include ‘third countries’ under the Instrument for Nuclear Safety Cooperation, while the Instrument for Pre-Accession Assistance (IPA) provided for nuclear safety cooperation with the countries engaged in the process of accession to the EU.

The Chernobyl accident in 1986 highlighted the global importance of nuclear safety. The Fukushima Daiichi accident in 2011 confirmed the need to continue the efforts to improve nuclear safety to meet the highest standards.

The Community already pursues close cooperation, in accordance with Chapter 10 of the Euratom Treaty, with the International Atomic Energy Agency (IAEA), in relation both to nuclear safeguards and to nuclear safety.

In order for the European Union to fulfil its role as a global player in the promotion of human and strategic security, it is essential that the Community should have the capability and means to respond to challenges arising in the field of nuclear safety, radiation protection and nuclear safeguards in any third countries, building on the experience of the Community and of its Member States in these fields within the European Union.

With this in mind, the proposed Instrument for Nuclear Safety Cooperation (INSC) will continue the actions initiated in the 1990s in Central Europe and in the countries of the former Soviet Union, which have been extended since 2007 to ‘third countries’.

Remediation of mining sites (the legacy of uranium mining which did not respect basic environmental requirements), disposal of spent fuel, waste management and decommissioning of installations will need to be dealt with as a programme priority .

The Commission's intervention is being shifted from technical assistance to cooperation . It focuses on activities designed to improve nuclear safety radiation protection and safeguards, including studies, development of legislation, institution building, improvement of procedures and methodologies, including for the safe management of radioactive waste and spent nuclear fuel. Given the international commitments related to nuclear safety improvements, cooperation under the INSC should further exploit synergies with the Euratom Framework Programmes on nuclear research and training activities.

IMPACT ASSESSMENT: the Commission carried out an Impact Assessment, which reviewed four options as follows:

Option 1 : No further EU action (no Nuclear Safety Cooperation Instrument). Some cooperation activities on nuclear safety could be included in the geographical cooperation instruments and be implemented as such. Option 2 : No change (cooperation with third countries would continue under the existing INSC Regulation). This option would not allow the incorporation of lessons learnt, the revision of the geographic scope and the setting of criteria for cooperation and priorities in the regulation. Option 3 : Amend the INSC Regulation . The amended Regulation could provide for a revision of the geographical scope to include all third countries (including those currently covered by the Instrument for Pre-Accession (IPA)) and specify the priorities and criteria for cooperation. This would lead to a simplification and a more efficient implementation than is the case with the current regulation. Option 4 : A new instrument , which could include the current INSC scope plus part of the scope of the existing Instrument for Stability (IFS). This could provide a unified approach towards nuclear safety, security and safeguards (the ‘3S’); however, it would require a dual legal basis (the Euratom Treaty and the Treaty of the Functioning of the European Union).

The option to amend the Regulation was found to be the preferred one . In comparison with the options of 'no change' and 'a new Instrument', it would allow continuity and using the experience of a well tried system, while resolving a number of issues which have been identified.

LEGAL BASIS: Article 203 of the Treaty establishing the European Atomic Energy Community (Euratom Treaty).

CONTENT: with this proposed Regulation, the Commission proposes to establish an Instrument for Nuclear Safety Cooperation which will support the promotion of a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards in third countries worldwide that are seeking cooperation in these fields.

Objectives : three specific objectives are established:

promotion of an effective nuclear safety culture and implementation of the highest nuclear safety standards and radiation protection; responsible and safe management of spent fuel and radioactive waste, decommissioning and remediation of former nuclear sites and installations; establishment of frameworks and methodologies for the application of efficient and effective safeguards for nuclear material in third countries.

The overall progress in achieving the above specific objectives shall be assessed, respectively, through the following performance indicators set out in the proposal. Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex.

Third countries concerned : the Annex sets out the countries which will benefit from the present instrument. Two types of countries will be concerned:

Countries with installed nuclear generating capacity : i n the case of countries which have already benefited from Community financing, additional cooperation should depend on the evaluation of actions funded by the Community budget and on proper justification of new needs. The evaluation should make it possible to determine more precisely the nature of the cooperation and the amounts to be granted to those countries in the future; Countries without installed nuclear generating capacity : in the case of countries which have research reactors but do not wish to develop nuclear generating capacity, cooperation will depend on the degree of urgency in the light of the situation as regards nuclear safety and security. In the case of countries that wish to develop nuclear generating capacity, whether or not they have research reactors and for which the issue arises of intervention at the appropriate moment to ensure that a nuclear safety and security culture is fostered in parallel with the development of the nuclear generating programme.

Programming and indicative allocation of funds : this Title includes two parts:

strategy papers: the multi-annual strategy paper(s) shall constitute the general basis for the cooperation setting out the Union's strategy for cooperation under the Regulation; multiannual indicative programmes: the multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, the performance indicators and the indicative financial allocations.

Implementation : the implementation has been greatly simplified as an Article stipulates that the decision shall be implemented in accordance with the future Regulation establishing common implementation rules for external relations financing instruments.

BUDGETARY IMPLICATIONS: in accordance with the Multiannual Financial Framework for 2014-2020 , the Commission proposes to allocate €70 billion for the period 2014-2020 for the external instruments. The allocation earmarked for the INSC over the period 2014 to 2020 is EUR 631.1 million (EUR 560 million at 2011 prices).

PURPOSE: to establish a new instrument for nuclear safety cooperation (INSC) from 2014 to 2020 in the framework of the reform of the EU external action financial instruments and following on from the Instrument for Nuclear Safety Cooperation 2007-2013 .

PHILOSOPHY AND ACTION PLAN FOR EXTERNAL AID 2014-2020: what happens outside the borders of the EU can and does directly affect the prosperity and security of EU citizens. It is therefore in the interest of the EU to be actively engaged in influencing the world around us, including through the use of financial instruments. The Lisbon Treaty marks, in this regard, a new departure in the EU’s relations with the rest of the world.

The EU's engagement needs to be tailored to individual circumstances . Its partners range from development economies to the least developed countries in need of specific assistance from the EU.

In general, the overall objective for external action for the period 2014-2020 may be summarised as follows:

long-term commitment to establishing an area of stability, prosperity and democracy in its own neighbourhood; facilitating the EU's engagement with third countries on issues that are of global concern, such as climate change, environmental protection, irregular migration and regional instabilities, and allowing the EU to respond rapidly and effectively to natural and manmade disasters around the world.

A major rationalisation of the instruments took place in 2003 and has begun to deliver more effective results. The Commission does not consider that another major alteration of the legislative architecture is necessary for the next MFF period , although some improvements are being proposed and the overall investment is being stepped up.

The Commission proposes to allocate EUR 70 billion for the 2014-2020 period for external instruments broken down as follows:

Financing instrument for development cooperation Partnership instrument for cooperation with third countries Instrument for Pre-accession Assistance (IPA II) European Neighbourhood Instrument this Instrument for nuclear safety cooperation Instrument for Stability Financing instrument for the promotion of democracy and human rights worldwide

In parallel and for the first time, the Commission proposes a single horizontal regulation establishing common rules and procedures for the implementation of the Union’s instruments for external action.

PROPOSED ACT: Council Regulation.

BACKGROUND: since the early 1990s, support for the promotion of nuclear safety and nuclear safeguards in third countries has been an essential part of the Community’s work, both in Central Europe and in the countries of the former Soviet Union, under the nuclear safety programme components of the TACIS and PHARE programmes. From 2007, nuclear safety cooperation was extended to include ‘third countries’ under the Instrument for Nuclear Safety Cooperation, while the Instrument for Pre-Accession Assistance (IPA) provided for nuclear safety cooperation with the countries engaged in the process of accession to the EU.

The Chernobyl accident in 1986 highlighted the global importance of nuclear safety. The Fukushima Daiichi accident in 2011 confirmed the need to continue the efforts to improve nuclear safety to meet the highest standards.

The Community already pursues close cooperation, in accordance with Chapter 10 of the Euratom Treaty, with the International Atomic Energy Agency (IAEA), in relation both to nuclear safeguards and to nuclear safety.

In order for the European Union to fulfil its role as a global player in the promotion of human and strategic security, it is essential that the Community should have the capability and means to respond to challenges arising in the field of nuclear safety, radiation protection and nuclear safeguards in any third countries, building on the experience of the Community and of its Member States in these fields within the European Union.

With this in mind, the proposed Instrument for Nuclear Safety Cooperation (INSC) will continue the actions initiated in the 1990s in Central Europe and in the countries of the former Soviet Union, which have been extended since 2007 to ‘third countries’.

Remediation of mining sites (the legacy of uranium mining which did not respect basic environmental requirements), disposal of spent fuel, waste management and decommissioning of installations will need to be dealt with as a programme priority .

The Commission's intervention is being shifted from technical assistance to cooperation . It focuses on activities designed to improve nuclear safety radiation protection and safeguards, including studies, development of legislation, institution building, improvement of procedures and methodologies, including for the safe management of radioactive waste and spent nuclear fuel. Given the international commitments related to nuclear safety improvements, cooperation under the INSC should further exploit synergies with the Euratom Framework Programmes on nuclear research and training activities.

IMPACT ASSESSMENT: the Commission carried out an Impact Assessment, which reviewed four options as follows:

Option 1 : No further EU action (no Nuclear Safety Cooperation Instrument). Some cooperation activities on nuclear safety could be included in the geographical cooperation instruments and be implemented as such. Option 2 : No change (cooperation with third countries would continue under the existing INSC Regulation). This option would not allow the incorporation of lessons learnt, the revision of the geographic scope and the setting of criteria for cooperation and priorities in the regulation. Option 3 : Amend the INSC Regulation . The amended Regulation could provide for a revision of the geographical scope to include all third countries (including those currently covered by the Instrument for Pre-Accession (IPA)) and specify the priorities and criteria for cooperation. This would lead to a simplification and a more efficient implementation than is the case with the current regulation. Option 4 : A new instrument , which could include the current INSC scope plus part of the scope of the existing Instrument for Stability (IFS). This could provide a unified approach towards nuclear safety, security and safeguards (the ‘3S’); however, it would require a dual legal basis (the Euratom Treaty and the Treaty of the Functioning of the European Union).

The option to amend the Regulation was found to be the preferred one . In comparison with the options of 'no change' and 'a new Instrument', it would allow continuity and using the experience of a well tried system, while resolving a number of issues which have been identified.

LEGAL BASIS: Article 203 of the Treaty establishing the European Atomic Energy Community (Euratom Treaty).

CONTENT: with this proposed Regulation, the Commission proposes to establish an Instrument for Nuclear Safety Cooperation which will support the promotion of a high level of nuclear safety, radiation protection and the application of efficient and effective safeguards in third countries worldwide that are seeking cooperation in these fields.

Objectives : three specific objectives are established:

promotion of an effective nuclear safety culture and implementation of the highest nuclear safety standards and radiation protection; responsible and safe management of spent fuel and radioactive waste, decommissioning and remediation of former nuclear sites and installations; establishment of frameworks and methodologies for the application of efficient and effective safeguards for nuclear material in third countries.

The overall progress in achieving the above specific objectives shall be assessed, respectively, through the following performance indicators set out in the proposal. Specific measures supported by this Regulation and criteria applying to nuclear safety cooperation are detailed in the Annex.

Third countries concerned : the Annex sets out the countries which will benefit from the present instrument. Two types of countries will be concerned:

Countries with installed nuclear generating capacity : i n the case of countries which have already benefited from Community financing, additional cooperation should depend on the evaluation of actions funded by the Community budget and on proper justification of new needs. The evaluation should make it possible to determine more precisely the nature of the cooperation and the amounts to be granted to those countries in the future; Countries without installed nuclear generating capacity : in the case of countries which have research reactors but do not wish to develop nuclear generating capacity, cooperation will depend on the degree of urgency in the light of the situation as regards nuclear safety and security. In the case of countries that wish to develop nuclear generating capacity, whether or not they have research reactors and for which the issue arises of intervention at the appropriate moment to ensure that a nuclear safety and security culture is fostered in parallel with the development of the nuclear generating programme.

Programming and indicative allocation of funds : this Title includes two parts:

strategy papers: the multi-annual strategy paper(s) shall constitute the general basis for the cooperation setting out the Union's strategy for cooperation under the Regulation; multiannual indicative programmes: the multiannual indicative programmes shall set out the priority areas selected for financing, the specific objectives, the expected results, the performance indicators and the indicative financial allocations.

Implementation : the implementation has been greatly simplified as an Article stipulates that the decision shall be implemented in accordance with the future Regulation establishing common implementation rules for external relations financing instruments.

BUDGETARY IMPLICATIONS: in accordance with the Multiannual Financial Framework for 2014-2020 , the Commission proposes to allocate €70 billion for the period 2014-2020 for the external instruments. The allocation earmarked for the INSC over the period 2014 to 2020 is EUR 631.1 million (EUR 560 million at 2011 prices).