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COUNCIL REGULATION (EC) No 1990/2006 
of 21 December 2006 
on the implementation of Protocol No 4 on 
the Ignalina nuclear power plant in Lithuania to 
the Act of accession of the Czech Republic, Estonia, Cyprus, 
Latvia, Lithuania, Hungary, Malta, Poland, 
Slovenia and Slovakia "Ignalina Programme" 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the 2003 Act of accession, and in pa rticular Article 56 thereof and Protocol No 4 
thereto, 
Having regard to Council Regulation (EC,  Euratom) No 1605/2002 of 25 June 2002 on the 
Financial Regulation applicable to the ge neral budget of the European Communities1 
("the Financial Regulation"),  
Having regard to Commission Regulation (E C, Euratom) No 2342/2002 of 23 December 2002 
laying down detailed rules for the implementation of the Financial Regulation2, 
Having regard to the proposal from the Commission, 
Whereas: 
(1) The European Union has committed to continue to provide adequate additional European 
Community assistance to Lithuania's effort to decommission the I gnalina nuclear power 
plant also after Lithuania's accession to the Union for the period until 2006 and beyond. 
This commitment was made formally in Protocol No 4 on the Ignalina  nuclear power plant 
in Lithuania, annexed to the 2003 Act of Accession. 
                                                 
1 OJ L 248, 16.9.2002, p. 1. 
2 OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commissi on Regulation (EC, 
Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3). 
 
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(2) Bearing in mind this expression of Union solidarity, Lithuania committed to close Unit 1 
of the Ignalina nuclear power plant before 2005 and Unit 2 by 31 December 2009 and to 
the subsequent decommissioning of these units. An assistance programme with a budget of 
EUR 285 million has been put in place to cover the period 2004-2006.  
(3) The decommissioning of the Ignalina nuclear power plant with two 1500 MW RBMK-type 
reactors inherited from the former Soviet  Union is of an unprecedented nature and 
represents an exceptional financial burden fo r Lithuania not commensurate with the size 
and economic strength of the country. The decommissioning will continue beyond the Community's current Financial Perspectives. 
(4) According to Protocol No 4 the Ignali na Programme for 2004-2006 will be seamlessly 
continued and extended beyond 2006 in accordan ce with the procedure laid down in 
Article 56 of the 2003 Act of Accession and this  extended programme will be based on the 
same elements and principl es as the 2004-2006 programme.  
(5) It is therefore necessary to adopt rules fo r the implementation of the additional Community 
assistance for the period 2007-2013 to address the consequences of the closure and 
decommissioning of the Ignali na nuclear power plant. 
(6) According to Protocol No 4 for the period of the next Financial Perspectives, the overall 
average appropriations under the extended I gnalina Programme shall be appropriate. 
Programming of these resources will be ba sed on actual payment n eeds and absorption 
capacity. 
(7) Protocol No 4 provides for different implementation routes for assistance to meet the 
above mentioned aims, including the direct deli very of assistance to  Lithuania through a 
national administration body, accredited for full decentralisation, under which annual 
programmes have been implemented in the period 2004-2006. Consequently, Lithuania has 
an appropriate national implementation st ructure for the purpose of implementing 
measures under Protocol No 4 through a nationa l agency in line w ith the delegation of 
budget-implementation tasks under Articles 53(2) and 54(2)(c) of the Financial Regulation. 
(8) International decommissioning funds mana ged by the European Bank for Reconstruction 
and Development (EBRD) have been in place for a number of years. Through the Phare programme in particular, the Community is  the main contribu tor to these funds. 
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(9) Consequently, provision shoul d be made for a contribution from the general budget of the 
European Union to fund the decommissioning of the Ignalina nuclear power plant over the 
period from 2007 to 2013. 
(10) The financial assistance ma y continue to be made available as a Community contribution 
to the Ignalina International Decommi ssioning Support Fund managed by the EBRD. 
(11) The Ignalina Programme also includes meas ures to support plant personnel in maintaining 
a high level of operational safety at the Ignalina  nuclear power plant in  the periods prior to 
the closure and during the decomm issioning of the reactor units. 
(12) The tasks of the EBRD include managing th e public funds allocated to the programmes for 
decommissioning nuclear power plants and mon itoring the financial management of these 
programmes so as to optimise the use of public money. In addition, the EBRD carries out the budget tasks entrusted to it by the Comm ission in line with the requirements of 
Article 53(7) of the Financial Regulation. 
(13) The decommissioning of the Ignalina nuclear power plant will be carried out in line with 
the legislation on the environment, part icularly Council Dire ctive 85/337/EEC of 
27 June 1985 on the assessment of the effects of  certain public and private projects on 
the environment1. 
(14) A financial reference amount, within the meaning of point 38 of the Interinstitutional 
Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
2, is included in this 
Regulation for the entire duration of the progr amme, without thereby affecting the powers 
of the budgetary authority as defined by the Tr eaty establishing the European Community, 
                                                 
1 OJ L 175, 5.7.1985, p. 40. Directive as last am ended by Directive 2003/35/EC of the 
European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17). 
2 OJ C 139, 14.6.2006, p. 1. 
 
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HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation lays down detailed rules fo r the implementation ove r the period 2007-2013 of 
Protocol No 4 on the Ignalina nuclear power plant in Lithuania, annexed to the 2003 Act of 
Accession. 
These rules shall ensure that the Ignalina Progra mme will be seamlessly continued and extended, in 
accordance with Article 3 of Protocol No 4. 
Article 2 
The Ignalina Programme shall cover, inter alia , measures to support th e decommissioning of the 
Ignalina nuclear power plant  without deterioration of  nuclear safety, measures to support the 
nuclear safety authorities in safety assessment and licensing of decommissioning projects, measures 
for environmental upgrading in line with the ac quis and for modernising conventional production 
capacity to replace the production capacity of the two reactors at the Ignalina plant and other 
measures which stem from the decision to close and decommission this plant and which contribute 
to the necessary restructuring, upgrading of th e environment and modern isation of the energy 
production, transmission and distributi on sectors in Lithuania as well as to enhancing security of 
supply and energy efficiency in Lithuania. 
The Ignalina Programme shall also  include measures to support plant personnel in maintaining a 
high level of operational safety at the Ignalina nuclear power plant in  the periods prior to the closure 
and during the decommissioning of the reactor units. 
Article 3 
1. The financial reference amount necessary fo r implementation of the Ignalina Programme 
provided for in Article 2 for the period from 1 January 2007 to 31 December 2013 shall be EUR 837 million at current prices. 
2. The annual appropriations shall be authorised by the budgetary authority  within the limits 
of the financial framework. 
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3. The amount of the appropriations allocated to  the Ignalina Programme may be reviewed in 
the course of the period from 1 January 2007 to 31 December 2013 to take account of the 
progress made with implementation of the pr ogramme and to ensure that the programming 
and allocation of the resources are based on ac tual payment needs and absorption capacity. 
Article 4 
The contribution under the Ignali na Programme may, for certain measures, amount to up to 100 % 
of the total expenditure. Every effort shall be made  to continue the co-financing practice established 
under the pre-accession assistance and the as sistance given over the period 2004-2006 for 
Lithuania's decommissioning effort as well as to  attract co-financing from other sources, as 
appropriate. 
Article 5 
1. Measures under the Ignalina Programme shall be decided and implemented in accordance 
with the provisions laid down in Articles 53(2) and 54(2)(c) of th e Financial Regulation. 
2. Financial assistance for measures under th e Ignalina Programme, or parts thereof , may be 
made available as a Community contri bution to the Ignalina International 
Decommissioning Support Fund , managed by the EBRD. 
3. Measures and financial assist ance under the Ignalina Programme shall be approved in line 
with Article 4 of Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission1. 
Article 6 
1. Public aid from national, Commun ity and international sources for: 
– environmental upgrading in line with the acquis and measures to modernise the 
Elektrėnai thermal power plant in Lithuania as the key replacement for the 
production capacity of the two reactors at  the Ignalina nuclea r power plant, and 
– decommissioning the Ignalina nuclear power plant 
 
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shall be compatible with the rules concerning th e internal market, as defined in the Treaty. 
2. Public aid from national, Community and in ternational sources in support of Lithuania's 
efforts to address the consequences of th e closure and of the decommissioning of the 
Ignalina nuclear power plant may, on a case by cas e basis, be considered to be compatible 
with the Treaty rules concerning the internal market, in particular public aid for enhancing 
the security of energy supply. 
Article 7 
Without prejudice to Article 1 of Protocol No 4, the safeguard clause referred to in Article 37 of the 
2003 Act of Accession shall apply until 31 December 2012 if energy supply is disrupted in 
Lithuania. 
Article 8 
1. The Commission may have an audit carried out of the use made of the assistance, either 
directly by its own staff or by any other qualified outside body of its choice. Such audits 
may be carried out throughout th e lifetime of the agreement a nd for a period of five years 
from the date of payment of the balance. Wher e appropriate, the audit findings may lead to 
recovery decisions by the Commission.  
2. Commission staff and outside personnel authorised by the Commission shall have 
appropriate rights of access, particularly to the beneficiary's offices and to all the 
information, including informa tion in electronic format, need ed in order to conduct such 
audits. 
The Court of Auditors shall enjoy the same ri ghts, especially of access, as the Commission. 
Furthermore, in order to protect the Community 's financial interests against fraud and other 
irregularities, the European Anti-Fraud Office (OLAF) may ca rry out on-the-spot checks 
and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concer ning on-the-spot check s and inspections 
                                                                                                                                                                  
1 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 
22.7.2006, p. 11). 
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carried out by the Commission in order to protect the European Communities' financial 
interests against fraud and other irregularities1. 
3. For the Community action financed under this Regulation, the term irregularity in 
Article 1(2) of Council Re gulation (EC, Euratom) No 2988/95 of 18 December 1995 on 
the protection of the European Communities financial interests2 shall mean any 
infringement of a provision of Community la w or any breach of a contractual obligation 
resulting from an act or omission by an econom ic operator which has, or would have, the 
effect of prejudicing the general budget of the European Communities or budgets managed 
by the European Communities by an unjustified item of expenditure or budgets managed 
by other international organisations on behalf of the European Communities. 
4. The agreements between the Community and the EBRD on making Community funds 
available to the Ignalina International Decommissioning Support Fund shall provide for 
appropriate measures to protect the financia l interests of the Community against fraud, 
corruption and other irregulariti es and to enable the Commission, OLAF and the Court of 
Auditors to carry ou t on-the-spot checks. 
Article 9 
The Commission shall ensure the implementation of  this Regulation and sh all report at regular 
intervals to the European Parliament and the Council. It shall carry out a mid-term review, as 
provided for in Article 3. 
Article 10 
This Regulation shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
                                                 
1 OJ L 292, 15.11.1996, p. 2. 
2 OJ L 312, 23.12.1995, p. 1. 
 
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Done at Brussels, 21 December 2006. 
 For the Council 
 The President 
 J. KORKEAOJA