2006/908/EC,Euratom: Council Decision of 4 December 2006 on the first instalment of the third Community contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund
Date: 2006-12-04
Institutions: Council of the European Union
Subjects: EBRD, EU aid, Ukraine, environmental protection, nuclear accident, nuclear safety

L 346/28

EN

Official Journal of the European Union

9.12.2006

COUNCIL DECISION

of 4 December 2006

on the first

instalment of

the third Community contribution to the European Bank for

Reconstruction and Development for the Chernobyl Shelter Fund

(2006/908/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

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 (1),

Whereas:

(1)

(2)

(3)

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 on 26
April 1986 at the Chernobyl Nuclear Power Plant, has
already contributed EUR 90,5 million over the years
1999 to 2000 to the Chernobyl Shelter Fund, established
the European Bank for Reconstruction and Devel-
at
opment
accordance with Decision
98/381/EC, Euratom (2) and a further EUR 100 million
in accordance with
over
Decision 2001/824/EC, Euratom (3).

the years 2001 to 2005,

(EBRD),

in

The EBRD, as administrator of the Chernobyl Shelter
Fund, confirmed to the Fund’s Assembly of Contributors
that there was a shortfall of roughly EUR 250 million
and that there were not sufficient unallocated funds to
allow a contract award for the New Safe Confinement.
New commitments were required from the contributors
in 2005 to avoid further delays to the project.

The ex-G7 Members and the Community, which have
provided most of the contributions to the Chernobyl
Shelter Fund, agreed on the principle of further contri-
butions to the Fund according to the historical burden-
sharing amongst the contributors.

(1) Opinion delivered on 14 November 2006 (not yet published in the

Official Journal).

(2) OJ L 171, 17.6.1998, p. 31.
(3) OJ L 308, 27.11.2001, p. 25.

(4)

(5)

(6)

(7)

(8)

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)
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 the Communication of 6 September 2000 from the
Commission to the European Parliament and the Council,
the Commission proposed that from 2001 Community
financial support
for nuclear safety in the newly in-
dependent States and the countries of central and
eastern Europe should be taken from a single budget
line for financial assistance to nuclear safety for the
newly independent States.

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 contri-
bution which is the subject of this Decision.

It is, however, appropriate to ensure that, with regard to
procurement arrangements made pursuant to the EBRD’s
Rules of the Chernobyl Shelter Fund, there is no discri-
mination between individual Member States, irrespective
of whether they have concluded individual contribution
agreements with the EBRD or not.

is also appropriate that procurement arrangements
It
with third countries
are not TACIS partner
countries be authorised, on a case-by-case basis, in the
interest of the projects concerning the Chernobyl Shelter
Implementation Plan.

that

(9)

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,

(4) OJ L 12, 18.1.2000, p. 1. Regulation as amended by Regulation (EC)

No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

9.12.2006

EN

Official Journal of the European Union

L 346/29

HAS DECIDED AS FOLLOWS:

Article 1

resources of the Chernobyl Shelter Fund, there is no discrimi-
nation between the Member States.

The Community shall make a contribution of EUR 14,4 million
to the European Bank for Reconstruction and Development
(EBRD) for the Chernobyl Shelter Fund in 2006.

The Commission may authorise, on a case-by-case basis,
procurement arrangements with third countries that are not
TACIS partner countries,
the projects
concerning the Chernobyl Shelter Implementation Plan.

in the interest of

Article 3

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

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, 4 December 2006.

For the Council
The President

L. LUHTANEN

appropriation shall be authorised by the budgetary
the financial perspective. The
annual

The
authority within the limits of
contribution shall be
budgetary appropriations.

available

financed

against

Article 2

1.
The Commission shall administer the contribution to the
Chernobyl Shelter Fund in accordance with Council Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European
Communities (1), having particular regard to the principles of
sound and efficient management.

The Commission shall forward all relevant information to the
budgetary authority and the Court of Auditors and shall provide
any supplementary information that they may wish to receive,
as regards the aspects of the operation of the Chernobyl Shelter
Fund that relate to the Community’s contribution.

2.
to
The Commission shall ensure that, with respect
procurement arrangements relating to grants made from the

(1) OJ L 248, 16.9.2002, p. 1.