Considerations on COM(2005)199 - Directives to the Commission for the negotiation of the amendments to the Convention on the Physical Protection of Nuclear Material

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dossier COM(2005)199 - Directives to the Commission for the negotiation of the amendments to the Convention on the Physical Protection of Nuclear ...
document COM(2005)199 EN
date May 20, 2005
 
(1) Article 2 e) of the Euratom Treaty requests from the Community that it shall “make certain, by appropriate supervision, that nuclear materials are not diverted to purpose other than those for which they are intended”.

(2) The Convention on the Physical Protection of Nuclear Material (“the CPPNM” in the following) was signed in 1980 and entered into force in 1987. 106 states and Euratom are parties to the CPPNM. All the Member States of the European Union are the Parties to the CPPNM.

(3) An Amendment Conference in accordance with Article 20 of the CPPNM will be convened soon.

(4) The Court of Justice i decided that “the participation of the Member States in the CPPNM …. is compatible with the provisions of the Euratom Treaty only subject to the conditions that, in so far as its own powers and jurisdiction are concerned, the Community as such is a party to the CPPNM on the same lines as the Member States” and that “certain commitments of the CPPNM can only be implemented, where the Community is concerned, by means of close association between the Community and the Member States, both in negotiation and conclusion process and in fulfilment of the commitments assumed.”

(5) The Community shall therefore fully participate in the negotiating process to amend the CPPNM, particularly with the view to ensuring compatibility between the provisions of the Convention and of the Euratom Treaty and its secondary legislation.

HAS DECIDED AS FOLLOWS:

Sole Article

The Commission shall negotiate, with regard to matters covered by the Community competence, in the framework of the up-coming Amendment Conference of the CPPNM, the amendments to the CPPNM in conformity with the directives attached hereto.

Done at Brussels,

For the Council

The President

ANNEX

Negotiation Directives

During the negotiations the Commission takes care to ensure the compatibility of amendments made to the CPPNM with the policies and provisions of the Euratom Treaty and its secondary legislation.