European Parliament legislative resolution on the proposal for a Council regulation on the implementation of Protocol No 9 on the Bohunice V1 nuclear power plant in Slovakia, as annexed to the Act concerning the conditions of accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (COM(2004)0624 - C6-0205/2004 - 2004/0221(CNS))
Date: 2005-11-16
Institutions: European Parliament
Subjects: EU aid, EU programme, accession criteria, accession to the European Union, decommissioning of power stations, fuel reprocessing, nuclear power station, nuclear safety

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2.

Lack of ability and/or willingness of an air carrier to address safety deficiencies as demonstrated by:

— Lack of transparency or adequate and timely communication on the part of a carrier in response to
an enquiry by the civil aviation authority of a Member State regarding the safety aspect of its
operation.

— Inappropriate or insufficient corrective action plan presented in response to an identified serious

safety deficiency.

3.

Lack of ability and/or willingness of the authorities responsible for the oversight of an air carrier to
address safety deficiencies as demonstrated by:

— Lack of cooperation with the civil aviation authority of a Member State by the competent auth-
orities of another state, when concerns about the safety of the operation of a carrier licensed or
certified in that state have been raised.

— Insufficient ability of the competent authorities with regulatory oversight of the carrier to imple-
ment and enforce the relevant safety standards. Particular account should be taken of the following:
audits and related corrective action plans established under ICAO's Universal Safety Oversight
(a)
Audit Programme or under any applicable Community law;

(b) whether the operating authorisation or technical permission of any carrier under the oversight

(c)

of that state has previously been refused or revoked by another state;
the air operator's certificate has not been issued by the competent authority of the state where
the carrier has its principle place of business.

— Insufficient ability of the competent authorities of the state in which the aircraft used by the air
carrier is registered to oversee the aircraft used by the carrier in accordance with its obligations
under the Chicago Convention.

P6_TA(2005)0429

Bohunice V1 *

European Parliament legislative resolution on the proposal for a Council regulation on the imple-
mentation of Protocol No 9 on the Bohunice V1 nuclear power plant in Slovakia, as annexed to the
Act concerning the conditions of accession to the European Union of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (COM(2004)0624 —
C6-0205/2004 — 2004/0221(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0624) (1),

— having regard to Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament

(C6-0205/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Industry, Research and Energy and the opinion of the

Committee on Budgets (A6-0282/2005),

(1) Not yet published in OJ.

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1.

Approves the Commission proposal as amended;

Wednesday 16 November 2005

Specifies that the appropriations indicated in the proposal for a regulation are purely for guidance

2.
until agreement is reached on the financial perspective for the period 2007 and the following years;

3.
Calls on the Commission to confirm, once the next financial perspective has been adopted, the
amounts indicated in the proposal for a regulation or, should the case arise, to submit the adjusted amounts
for approval by the European Parliament and the Council, thereby ensuring their compatibility with the
ceilings;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph,

4.
of the Euratom Treaty;

5.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

6.
tially;

7.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 3

In the Protocol the European Union has also recognised
(3)
that decommissioning of the Bohunice V1 nuclear power plant
will have to continue beyond the current Financial Perspectives
and that this effort represents a significant financial burden for
Slovakia. Decisions on the continuation of assistance from the
Union in this field after 2006 will take account of this situation.

In the Protocol the European Union has also recognised
(3)
that decommissioning of the Bohunice V1 nuclear power plant
will have to continue beyond the current Financial Perspective
and that this effort represents a significant financial burden for
Slovakia. Furthermore,
the European Union is aware that
owing to the nature and the extent of decommissioning,
efforts in that regard will continue for several years after the
2007-2013 Financial Perspective. Decisions on the continu-
ation of assistance from the Union in this field after 2006 will
take account of this situation.

Amendment 2
Recital 4a (new)

(4a) The European Parliament, the Council and the Commis-
sion recognise the efforts made by Slovakia to increase the
safety of the Bohunice V1 nuclear power plant before acces-
sion, and the fact
that Slovakia invested approximately
EUR 250 million in safety measures between 1993 and
2000, and will take this into consideration when making the
decision on the level of financial assistance to be granted to
Slovakia.

Amendment 3
Recital 4b (new)

(4b) Provision in the Community budget for assistance from
the Union should continue to be made after 31 December
2013.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 4
Recital 4c (new)

(4c) The European Parliament, the Council and the Commis-
sion also recognise and take due account of the fact that as a
result of the early closure of the Bohunice V1 nuclear power
plant, Slovakia will not be in a position to collect all the
required decommissioning funds,
the gradual provision of
which was scheduled in accordance with the initial life-time
of the plant.

Amendment 5
Recital 5

(5) Consequently, provision should be made for a sum of
EUR 237 million from the Community budget to fund the
the Bohunice V1 nuclear power plant
decommissioning of
over the period from 2007 to 2013.

(5) Consequently, provision should be made for a sum of
EUR 400 million from the Community budget to fund the
the Bohunice V1 nuclear power plant
decommissioning of
over the period from 2007 to 2013.

Amendment 6
Recital 5a (new)

(5a) Recent proposals by the Slovak authorities to increase
the amount of State Aid made available to the Slovak nuclear
sector by way of the national decommissioning fund should be
examined by the Commission in accordance with Community
law.

Amendment 7
Recital 5b (new)

(5b) Community budget appropriations for decommissioning
should not lead to distortions of competition, in relation to
power supply companies, on the energy market in the Euro-
pean Union. These appropriations should also be used to
finance measures to compensate the loss of production capac-
ity in line with the relevant ‘acquis’ concerning:

(i)

renewable energy sources;

(ii) energy end-use efficiency;

(iii)

security of electricity supply.

Amendment 16
Recital 5c (new)

5c. The European Union, and especially those Member
States that will benefit from closure of the Bohunice V1
nuclear power plant, should make availaible the additional
amount of EUR 163 million, in the context of the annual
budgetary procedure.

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TEXT PROPOSED
BY THE COMMISSION

Wednesday 16 November 2005

AMENDMENTS
BY PARLIAMENT

Amendment 8

Recital 8a (new)

(8a)
In order to compensate for the consequences of the early
closure, the decommissioning of the Bohunice V1 nuclear
power plant should be carried out in the manner which best
helps to sustain development and growth in Slovakia in line
with the Lisbon Strategy.

Amendment 9

Recital 8b (new)

(8b)
In order to ensure the greatest possible efficiency, the
decommissioning of the Bohunice V1 nuclear power plant
should be carried out with recourse to the best available tech-
nical expertise, and with due regard to the nature and tech-
nological specifications of the units to be shut down.

Amendment 10

Article 2

The Community contribution to the programme under this
Regulation shall be granted for the purpose of providing finan-
cial support for measures connected with the decommissioning
of the Bohunice V1 nuclear power plant, including:

The Community contribution to the programme under this
Regulation shall be granted for the purpose of providing finan-
cial support for measures connected with the decommissioning
of the Bohunice V1 nuclear power plant, measures for environ-
mental upgrading in line with the ‘acquis’ and for modernising
conventional production capacity to replace the production
capacity of the two reactors at the Bohunice V1 power plant
and other measures which stem from the decision to close and
decommission this plant and which contribute to the necessary
restructuring, upgrading of the environment and modernisation
of the energy production, transmission and distribution sectors
in Slovakia as well as to enhancing security of supply and
energy efficiency in Slovakia.

(i) measures for environmental upgrading in line with the

‘acquis’;

(ii) measures for setting up new production capacity and
for modernising existing production capacity to replace
the production capacity of
the
Bohunice V1 power plant;

two reactors at

the

(iii) other measures which stem from the decision to close
and decommission this plant and which,
in compliance
with, and by implementing the applicable ‘acquis’, con-
tribute to the necessary restructuring, upgrading of
the
environment and modernisation of the energy production,
transmission and distribution sectors in Slovakia as well as
to enhancing security of supply and energy efficiency in
Slovakia.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 11

Article 2, paragraph 1a (new)

The measures to be supported under the Community budget
shall be defined in more detail by the Commission in 2006
after it has received the relevant decommissioning plan, com-
prising all the necessary information on the decommissioning
process, from the Slovak authorities. The Commission shall
take its annual decision on whether to approve the measures
to be financed on the basis of that plan.

Amendment 12

Article 3, paragraph 1

The amount necessary for implementation of the action pro-
vided for in Article 2 for the period from 1 January 2007 to
31 December 2013 shall be EUR 237 million.

The amount necessary for implementation of the action pro-
vided for in Article 2 for the period from 1 January 2007 to
31 December 2013 shall be EUR 400 million.

Amendment 13

Article 3, paragraph 3

The amount of the appropriations allocated 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 implemen-
tation of the programme and ensure that the programming
and allocation of the resources are based on actual payment
needs and absorption capacity.

The amount of annual appropriations allocated may vary in the
course of the period from 1 January 2007 to 31 December
2013 to take account of the progress made with implemen-
tation of the programme and ensure that the programming
and allocation of the resources are based on actual payment
needs and absorption capacity.

Amendment 14

Article 3, paragraph 3a (new)

Provision for financial assistance from the Community budget
for the purposes set out in Article 2 of this Regulation shall
continue to be made after 31 December 2013.

Amendment 15

Article 4

The contribution for certain measures may 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 assistance given over the period
2004-2006 for Slovakia's decommissioning effort as well as to
attract co-financing from other sources, as appropriate.

The Community contribution for certain measures may 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 assistance given over the
period 2004-2006 for Slovakia's decommissioning effort as
well as to attract co-financing from other sources, as appropri-
ate.