Corrigendum to 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 ( OJ L 411, 30.12.2006 )
Date: 2007-02-02
Institutions: Council of the European Union
Subjects: EU aid, Lithuania, decommissioning of power stations, energy supply, financing, nuclear safety, security of supply

2.2.2007

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Corrigendum to 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’
(Official Journal of the European Union L 411 of 30 December 2006)

Regulation (EC) No 1990/2006 should read as follows:

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,

(2)

Having regard to the 2003 Act of accession, and in particular
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 general budget of
the European Commu-
nities (1) (the Financial Regulation),

Having regard to Commission Regulation (EC, Euratom) No
2342/2002 of 23 December 2002 laying down detailed rules
for the implementation Council Regulation (EC, Euratom) No
1605/2002 on the Financial Regulation applicable to the
general budget of the European Communities (2),

Having regard to the proposal from the Commission,

Whereas:

(1)

adequate

additional

The European Union has committed to continue to
European Community
provide
to decommission the
assistance to Lithuania's effort
Ignalina nuclear power plant also after Lithuania's
accession to the Union for the period until 2006 and
beyond. This
formally in
commitment was made
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
Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227,
19.8.2006, p. 3).

(3)

(4)

(5)

(6)

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 to 2006.

the Ignalina nuclear power
The decommissioning of
plant with two 1 500 MW RBMK-type
reactors
inherited from the former Soviet Union is of an unpre-
cedented nature and represents an exceptional financial
burden for Lithuania not commensurate with the size
and economic strength of the country. The decommis-
sioning will continue beyond the Community's current
Financial Perspectives.

According to Protocol No 4 the Ignalina Programme for
2004 to 2006 will be seamlessly continued and extended
beyond 2006 in accordance 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
the 2004 to 2006
programme.

and principles

as

It is therefore necessary to adopt rules for the implemen-
tation of the additional Community assistance for the
period 2007 to 2013 to address the consequences of
the
Ignalina
and decommissioning of
nuclear power plant.

closure

the

According to Protocol No 4 for the period of the next
Financial Perspectives, the overall average appropriations
under the extended Ignalina Programme shall be appro-
priate. Programming of these resources will be based on
actual payment needs and absorption capacity.

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(7)

(8)

(9)

(10)

(11)

(12)

(13)

implementation
Protocol No 4 provides for different
routes for assistance to meet the abovementioned aims,
including the direct delivery of assistance to Lithuania
through a national administration body, accredited for
full decentralisation, under which annual programmes
have been implemented in the period 2004 to 2006.
Consequently, Lithuania has an appropriate national
implementation structure for
imple-
menting measures under Protocol No 4 through a
national agency in line with the delegation of budget-
implementation tasks under Articles 53(2) and 54(2)(c)
of the Financial Regulation.

the purpose of

International decommissioning funds managed by the
European Bank for Reconstruction and Development
(EBRD) have been in place for a number of years.
the
in particular,
Through the Phare programme
Community is the main contributor to these funds.

Consequently, provision should be made for a contri-
bution 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.

The financial assistance may continue to be made
available as a Community contribution to the Ignalina
International Decommissioning Support Fund managed
by the EBRD.

to
The Ignalina Programme also includes measures
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 decom-
missioning of the reactor units.

The tasks of
the EBRD include managing the public
funds allocated to the programmes for decommissioning
nuclear power plants and monitoring 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 Commission
in line with the requirements of Article 53(7) of the
Financial Regulation.

(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 programme, without
thereby affecting the powers of the budgetary authority
as defined by the Treaty establishing the European
Community.

the entire duration of

(15)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3),

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules for the implementation
over the period 2007 to 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 Programme will be
seamlessly continued and extended, in accordance with Article 3
of Protocol No 4.

Article 2

inter alia, measures to
The Ignalina Programme shall cover,
support the 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 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 Ignalina plant and other
measures which stem from the decision to close and decom-
mission this plant and which contribute to the necessary
restructuring, upgrading of the environment and modernisation
of the energy production, transmission and distribution sectors
in Lithuania as well as to enhancing security of supply and
energy efficiency in Lithuania.

the Ignalina nuclear power
The decommissioning of
in line with the legislation
plant will be carried out
on the
environment, particularly Council Directive
85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the envir-
onment (1).

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.

(1) OJ L 175, 5.7.1985, p. 40. Directive as last amended 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.
(3) 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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Article 3

1.
The financial reference amount necessary for implemen-
tation 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 (1).

capacity of the two reactors at the Ignalina nuclear power
plant, and

— decommissioning the Ignalina nuclear power plant

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
framework.

shall be compatible with the rules concerning the internal
market, as defined in the Treaty.

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 programme and to
ensure that the programming and allocation of the resources are
based on actual payment needs and absorption capacity.

the closure and of

2.
Public aid from national, Community and international
sources in support of Lithuania's efforts to address the conse-
quences of
the decommissioning of the
Ignalina nuclear power plant may, on a case by case 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 4

Article 7

the Ignalina Programme may,

The contribution under
for
certain measures, amount to up to 100 % of the total expen-
diture. 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 to 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 the Financial Regulation.

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 the lifetime of the agreement and for a
period of five years from the date of payment of the balance.
Where appropriate, the audit findings may lead to recovery
decisions by the Commission.

Financial assistance for measures under

the Ignalina
2.
Programme, or parts thereof, may be made available as a
Community contribution to the Ignalina International Decom-
missioning Support Fund, managed by the EBRD.

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
information in electronic format, needed in order to conduct
such audits.

3. Measures and financial assistance under
the Ignalina
Programme shall be approved in accordance with Article 4 of
Decision 1999/468/EC.

The Court of Auditors shall enjoy the same rights, especially of
access, as the Commission.

Article 6

Public aid from national, Community and international

1.
sources for:

— environmental upgrading in line with the acquis and
measures to modernise the Elektrėnai thermal power plant
for the production
in Lithuania as the key replacement

in order to protect

fraud and other irregularities,

Furthermore,
the Community's financial
the European
interests against
Anti-Fraud Office (OLAF) may carry out on-the-spot checks
and inspections under this programme in accordance with
Council Regulation (Euratom, EC) No 2185/96 of 11
November 1996 concerning on-the-spot checks and inspections
carried out by the Commission in order to protect the European
Communities' financial interests against fraud and other irregu-
larities (2).

(1) i.e. EUR 743 million at 2004 prices.

(2) OJ L 292, 15.11.1996, p. 2.

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For the Community action financed under this Regulation,
3.
the term irregularity in Article 1(2) of Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the protection
of the European Communities financial interests (1) shall mean
any infringement of a provision of Community law or any
breach of a contractual obligation resulting from an act or
omission by an economic operator which has, or would have,
the effect of prejudicing the general budget of the European
Communities or budgets managed by the European Commu-
nities by an unjustified item of expenditure or budgets managed
by other international organisations on behalf of the European
Communities.

The agreements between the Community and the EBRD
4.
on making Community funds available to the Ignalina Interna-
tional Decommissioning Support Fund shall provide for appro-
the
priate measures

the financial

interests of

to protect

Community against fraud, corruption and other irregularities
and to enable the Commission, OLAF and the Court of
Auditors to carry out on-the-spot checks.

Article 9

The Commission shall ensure the implementation of this Regu-
lation and shall report at regular intervals to the European
It shall carry out a mid-term
Parliament and the Council.
review, as provided for in Article 3.

Article 10

This Regulation shall enter into force on the 20th day following
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.

Done at Brussels, 21 December 2006.

For the Council
The President

J. KORKEAOJA

(1) OJ L 312, 23.12.1995, p. 1.