2001/824/EC,Euratom: Council Decision of 16 November 2001 on a further contribution of the European Community to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund
Date: 2001-11-16
Institutions: Council of the European Union
Subjects: EBRD, EU aid, Ukraine, environmental protection, nuclear accident, nuclear safety

27.11.2001

EN

Official Journal of the European Communities

L 308/25

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 16 November 2001

on a further contribution of the European Community to the European Bank for Reconstruction
and Development for the Chernobyl Shelter Fund

(2001/824/EC, Euratom)

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 (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

in pursuance of a clear policy of
The Community,
supporting Ukraine in its efforts
to eliminate the
consequences of the nuclear accident which occurred on
26 April 1986 at the Chernobyl Nuclear Power Plant,
has already contributed to the Chernobyl Shelter Fund,
established at the European Bank for Reconstruction and
Development (EBRD) EUR 90,5 million over the years
1999-2000,
in accordance with Council Decision 98/
381/EC, Euratom (3).

The EBRD, as administrator of the Chernobyl Shelter
Fund, confirmed in anticipation of the pledging confer-
ence held in Berlin on 5 July 2000 that the initial
scheduled rate of disbursements was still valid and that a
replenishment of
the Fund was therefore needed by
2000/2001. Consequently, the Community pledged at
that conference a further contribution of EUR 100
million over the years 2001-2004.

(3)

Council Regulation (EC, Euratom) No 99/2000 of 29
December 1999 concerning the provision of assistance
to partner States in Eastern Europe and Central Asia (4),

(1) OJ C 240 E, 28.8.2001, p. 157.
(2) Opinion delivered on 24 October 2001 (not yet published in the

Official Journal).

(3) OJ L 171, 17.6.1998, p. 31.
(4) OJ L 12, 18.1.2000, p. 1.

in Article 2(5)(c), includes as a priority in the area of
nuclear safety the contribution ‘to relevant EU supported
international initiatives such as the G7/EU initiative on
the closure of Chernobyl’.

In accordance with the Communication of 6 September
2000 from the Commission to the European Parliament
for
and the Council, Community financial
nuclear safety in the Newly Independent States and the
countries of Central and Eastern Europe should be taken
from existing Tacis credits or from a separate budget
line for assistance to those partner states.

support

EBRD procurement rules apply to grants made from the
resources of the Chernobyl Shelter Fund, on the under-
standing that procurement should in principle be limited
to goods and services produced in or supplied from the
countries of the contributors or the countries of EBRD
operations. Those rules are not identical to those applied
to operations directly financed through the Tacis
programme, which cannot consequently cover
the
contribution which is the subject of this Decision.

arrangements made pursuant

It is, however, appropriate to ensure that, with regard to
procurement
to the
EBRD's Rules of the Chernobyl Shelter Fund, there is no
discrimination between individual Member States, irres-
pective of whether
they have concluded individual
Contribution Agreements with the EBRD or not.

(4)

(5)

(6)

(7)

The Treaties do not provide, for the adoption of this
Decision, powers other than those of Article 308 of the
EC Treaty and Article 203 of the Euratom Treaty,

L 308/26

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Official Journal of the European Communities

27.11.2001

HAS DECIDED AS FOLLOWS:

Article 1

The Community shall make to the European Bank for Recon-
contribution of
struction and Development
EUR 100 million over the years 2001-2004 for the Chernobyl
Shelter Fund.

(‘EBRD’)

a

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

Article 2

The Commission shall administer the contribution to the
1.
Chernobyl Shelter Fund in accordance with the Financial Regu-
lation applicable to the general budget of
the European
Communities, having particular regard to the principles of
sound and efficient management.

The Commission shall forward all relevant information to the
Court of Auditors and shall request from the EBRD any supple-
mentary information that the Court of Auditors may wish to
receive, as regards the aspects of the operation of the Cher-
nobyl Shelter Fund that relate to the Community's contribu-
tion.

to
The Commission shall ensure that, with respect
2.
procurement arrangements relating to grants made from the
resources of the Fund, there is no discrimination between the
Member States.

Article 3

In accordance with Article II, Section 2.02 of the Rules of the
Chernobyl Shelter Fund, the Community contribution shall be
the subject of a formal Contribution Agreement in the form of
an exchange of letters between the Commission and the EBRD.

Those letters shall follow the models set out in the Annex.

Article 4

The Commission shall submit to the European Parliament and
to the Council, on a yearly basis, a progress report on the
implementation of the Chernobyl Shelter Fund.

Done at Brussels, 16 November 2001.

For the Council

The President

M. VERWILGHEN

27.11.2001

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Official Journal of the European Communities

L 308/27

ANNEX

Model exchange of letters constituting the Contribution Agreement between the Commission of the European
Communities and the European Bank for Reconstruction and Development (EBRD)

Letter from the authorised Member of the Commission to the EBRD President

Dear President,

I am pleased to confirm on behalf of the Commission that the European Community will make a new contribution of
EUR 100 million to the Chernobyl Shelter Fund in accordance with Article II, Section 2.02 of the Rules of the Fund.

The new contribution will be made up of four annual contributions 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 EBRD 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 EBRD
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 EBRD with a view to verifying
pertinent information that relates to the Community's contribution and on the basis of practice established in the
context of the Nuclear Safety Account.

3. As concerns the procurement arrangements pursuant to the Rules of the Fund, the Commission and the EBRD share
the common understanding that, upon conclusion of the Contribution Agreement, there will be no discrimination
between individual Member States, irrespective of whether they have concluded individual Contribution Agreements
with the EBRD or not, as far as the award of procurement contracts for services 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 EBRD's confirmation of its content to constitute the Contribution Agreement pursuant to the Fund Rules.

Member of the Commission of the European Communities

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 EUR 100 million.

This is to confirm that the EBRD will be pleased to accept this contribution for inclusion in the Fund pursuant to the rules
governing the Fund.

The EBRD also confirms that all the provisions set out in your letter are acceptable to the EBRD and form part of this
Contribution Agreement.

President of the European Bank for Reconstruction and Development