Proposal for a Council Decision on a second contribution of the European Community to the
European Bank for Reconstruction and Development for the Chernobyl Shelter Fund
(2001/C 240 E/23)
COM(2001) 251 final  2001/0113(CNS)
(Submitted by the Commission on 29 May 2001)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 308 thereof,
Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The Community, in pursuance of a clear policy of
supporting Ukraine in its efforts to eliminate the conse-quences of the nuclear accident which occurred on26 April 1986 at the Chernobyl Nuclear Power Plant, hasalready contributed to the Chernobyl Shelter Fund, estab-lished at the European Bank for Reconstruction and Devel-opment (EBRD) 90.5 million euro over the years1999-2000, in accordance with Council Decision
98/381/EC, Euratom (
1).
(2) The EBRD, as administrator of the Chernobyl Shelter Fund,
confirmed in anticipation of the pledging conference heldin Berlin on 5 July 2000 that the initial scheduled rate ofdisbursements was still valid and that a replenishment ofthe Fund was therefore needed by 2000/2001.Consequently, the Community pledged at that conferencea further contribution of 100 million euro over the years
2001-2004.
(3) Council Regulation (EC, Euratom) No 99/2000 of
29 December 1999 concerning the provision of assistanceto partner States in Eastern Europe and Central Asia (
2), in
Article 2(5)(c), includes as a priority in the area of nuclearsafety the contribution to relevant EU supported inter-national initiatives such as the G7/EU initiative on theclosure of Chernobyl.
(4) In accordance with the Communication of 6 September
2000 from the Commission to the Council and theEuropean Parliament, Community financial support fornuclear safety in the Newly Independent States and thecountries of Central and Eastern Europe (
3) should be
taken from existing Tacis credits or from a separatebudget line for assistance to those partner States.(5) EBRD procurement rules apply to grants made from the
resources of the Chernobyl Shelter Fund, on the under-
standing that procurement shall in principle be limited to
goods and services produced in or supplied from thecountries of the contributors or the countries of EBRDoperations. Those rules are not identical to those appliedto operations directly financed through the Tacisprogramme, which cannot consequently cover thecontribution which is the subject of this Decision.
(6) It is, however, appropriate to ensure that, with regard to
procurement arrangements made pursuant to the EBRD’sRules of the Chernobyl Shelter Fund, there is no discrimi-nation between individual Member States of the EuropeanCommunity, irrespective of whether they have concludedindividual Contribution Agreements with the EBRD or not.
(7) The Treaties do not provide, for the adoption of this
Decision, powers other than those of Article 308 of theEC Treaty and Article 203 of the Euratom Treaty,
HAS DECIDED AS FOLLOWS:
Article 1
The Community shall make to the European Bank for Recon-
struction and Development (EBRD) a contribution of 100million euro over the years 2001-2004 for the ChernobylShelter Fund.
The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.
Article 2
1. The Commission shall administer the contribution to the
Chernobyl Shelter Fund in accordance with the Financial Regu-lation applicable to the general budget of the EuropeanCommunities, having particular regard to the principles ofsound and efficient management.
The Commission shall forward all relevant information to the
Court of Auditors and shall request from the EBRD anysupplementary information that the Court of Auditors maywish to receive, as regards the aspects of the operation ofthe Chernobyl Shelter Fund that relate to the Community’scontribution.EN 28.8.2001 Official Journal of the European Communities C 240 E/157
(1) OJ L 171, 17 .6.1998, p. 31.
(2) OJ L 12, 18.1.2000, p. 1.
(3) COM(2000) 493 final.
2. The Commission shall ensure that, with respect to
procurement arrangements relating to grants made from theresources of the Fund, there is no discrimination betweenMember States.
Article 3
In accordance with Article II, Section 2.02 of the Rules of the
Chernobyl Shelter Fund, the Community contribution shall bethe subject of a formal Contribution Agreement in the form ofan exchange of letters between the Commission and the
European Bank for Reconstruction and Development.
Those letters shall follow the models set out in the Annex.
Article 4
The Commission shall present to the European Parliament and
to the Council, on a yearly basis, a progress report on theimplementation of the Chernobyl Shelter Fund.EN C 240 E/158 Official Journal of the European Communities 28.8.2001
ANNEX
MODEL EXCHANGE OF LETTERS CONSTITUTING THE CONTRIBUTION AGREEMENT BETWEEN THE
EUROPEAN COMMISSION AND THE EBRD
Letter from the authorised Member of the European Commission to the EBRD President
Dear President,
I am pleased to confirm on behalf of the European Commission that the European Community will make a new
contribution of 100 million euro to the Chernobyl Shelter Fund in accordance with Article II, Section 2.02 of the Rulesof the Fund.
The new contribution will, in principle, be made of four annual contributions of 25 million over the years 2001-2004,
subject to the necessary authorisations of the Budgetary Authority.
As was the case for the first contribution agreement, I would ask the Bank to confirm its agreement to the following
provisions which will form an integral part of this Contribution Agreement:
1. The Commission will forward all relevant information to the Court of Auditors and may request from the Bank
supplementary information that the Court of Auditors may wish to obtain concerning those aspects of the operation
of the Chernobyl Shelter Fund that relate to the Community’s contribution.
2. The Court of Auditors may also be given the possibility of performing missions to the Bank with a view to verifying
pertinent information that relates to the Community’s contribution and on the basis of practice established in thecontext of the Nuclear Safety Account.
3. As concerns the procurement arrangements pursuant to the Rules of the Fund, the Commission and the Bank share
the common understanding that, upon conclusion of the Contribution Agreement, there will be no discrimination
between individual Member States of the European Community, irrespective of whether they have concludedindividual Contribution Agreements with the Bank or not, as far as the award of procurement contracts forservices or supplies concluded in the course of operation of the Chernobyl Shelter Fund is concerned.
I confirm that the terms used herein have the meaning attributed to them in the Fund Rules. I understand the present
letter and the Bank’s confirmation of its content to constitute the Contribution Agreement pursuant to the Fund Rules.
Member of the European Commission
Reply from the EBRD President
Dear Commissioner,
Thank you for your letter of . . . 2001 concerning the European Community’s contribution to the Chernobyl Shelter
Fund in the amount of 100 million euro.
This is to confirm that the European Bank will be pleased to accept this contribution for inclusion in the Fund pursuant
to the rules governing the Fund.
The European Bank also confirms that all the provisions set out in your letter are acceptable to the Bank and form part
of this Contribution Agreement.
President of the EBRDEN 28.8.2001 Official Journal of the European Communities C 240 E/159