Council Regulation (Euratom) No 549/2007 of 14 May 2007 on the implementation of Protocol No 9 on Unit 1 and Unit 2 of the Bohunice V1 nuclear power plant in Slovakia 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
Date: 2007-05-14
Institutions: Council of the European Union
Subjects: EU aid, EU programme, accession criteria, accession to the European Union, decommissioning of power stations, nuclear power station, nuclear safety

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EURATOM) No 549/2007

of 14 May 2007

on the implementation of Protocol No 9 on Unit 1 and Unit 2 of the Bohunice V1 nuclear power
plant in Slovakia 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 203 thereof,

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 Com-
munities (1) (the Financial Regulation), and in particular Article
110 thereof,

Having regard to Commission Regulation (EC, Euratom) No
2342/2002 of 23 December 2002 laying down detailed rules
for the implementation of Council Regulation (EC, Euratom) No
1605/2002 on the Financial Regulation applicable to the
the European Communities (2), and in
general budget of
particular Article 166 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (3),

Whereas:

(1)

Slovakia committed itself to the closure of Unit 1 and
Unit 2 of the Bohunice V1 nuclear power plant by 31
December 2006 and 31 December 2008, respectively.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(2) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

(3) OJ C 280 E, 18.11.2006, p. 108.

The European Union expressed its willingness
to
continue to provide financial assistance up to 2006 as
an extension of the pre-accession aid planned under the
Phare programme in support of Slovakia’s decom-
missioning efforts.

Protocol No 9 on Unit 1 and Unit 2 of the Bohunice V1
nuclear power plant in Slovakia, as annexed to the 2003
Act of Accession, reiterates Slovakia’s commitment to
close the Bohunice V1 nuclear power plant and, to this
end, establishes an assistance programme with a budget
of EUR 90 million for the period 2004 to 2006.

In Protocol No 9 the Union also recognised that decom-
missioning of the Bohunice V1 nuclear power plant will
have to continue beyond the Financial Perspectives 2002
this effort represents a significant
to 2006 and that
financial burden for Slovakia. Decisions on the conti-
nuation of assistance from the Union in this field after
2006 will take account of this situation.

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

Consequently, provision should be made for a sum of
EUR 423 million (4)
the
European Union to fund the decommissioning of the
Bohunice V1 nuclear power plant over the period from
2007 to 2013.

from the general budget of

(2)

(3)

(4)

(5)

(4) This figure is at current prices, and is equivalent to EUR 375 million

at 2004 prices.

(6)

(7)

(8)

(9)

(10)

(11)

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decommissioning

The appropriations of the general budget of the European
Union for
to
distortions of competition in relation to power supply
companies on the energy market in the Union. These
appropriations should also be used to finance measures
to compensate the loss of production capacity in line
with the acquis.

should not

lead

the entire duration of

financial management (2),
is inserted in this Regulation
for
the programme, without
prejudice to the powers of the budgetary authority as
defined by
European
Community.

the Treaty

establishing

the

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

HAS ADOPTED THIS REGULATION:

(13)

For the adoption of measures necessary for the im-
plementation of this Regulation the Commission should
be assisted by a committee,

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.

Protocol No 9 leaves open the possibility of the estab-
lishment of different implementation routes for assistance
to meet the purpose mentioned in Article 2, including a
nationally
The
im-
Commission and Slovakia
plementing modalities in line with the relevant sections
of the Financial Regulation.

could develop the

administered

accredited

channel.

In order to ensure the highest possible efficiency, the
decommissioning of
the Bohunice V1 nuclear power
plant should be carried out with recourse to the best
available technical expertise, and with due regard to the
nature and technological specifications of the units to be
shut down.

environment,

The decommissioning of the Bohunice V1 nuclear power
plant should be carried out in line with the legislation on
Directive
particularly
the
85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the en-
vironment (1).

Council

(12) 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

(1) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive
the Council

the European Parliament and of

2003/35/EC of
(OJ L 156, 25.6.2003, p. 17).

Article 1

This Regulation establishes the programme laying down detailed
rules for implementation of the Community’s financial contri-
bution provided for in Protocol No 9 annexed to the 2003 Act
of Accession.

Article 2

The Community contribution to the programme under this
the purpose of providing
Regulation shall be granted for
financial support
for measures connected with the decom-
missioning of the Bohunice V1 nuclear power plant, measures
for environmental 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
the energy production,
environment and modernisation of
transmission and distribution sectors in Slovakia as well as to
enhancing security of supply and energy efficiency in Slovakia.

Article 3

1.
The financial reference amount necessary for implemen-
tation of the programme provided for in Article 2 for the
period from 1 January 2007 to 31 December 2013 shall be
EUR 423 million (3).

The annual appropriations shall be authorised by the
2.
budget authority within the limits of the financial framework.

The amount of

the appropriations allocated to the
3.
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 ensure that
the
resources are based on actual payment needs and absorption
capacity.

the programming and allocation of

(2) OJ C 139, 14.6.2006, p. 1.
(3) This figure is at current prices, and is equivalent to EUR 375 million

at 2004 prices.

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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 to 2006 for Slovakia’s decommissioning effort as well
as to attract co-financing from other sources, as appropriate.

Article 5

1. Measures and financial assistance under the programme
shall be decided and implemented in accordance with the
the
provisions laid down in Articles 53(2) and 54(2)(c) of
Financial Regulation.

Financial assistance for measures under the programme, or
2.
parts thereof, may be made available as a Community contri-
bution to the Bohunice International Decommissioning Support
Fund, managed by the EBRD.

3. Measures under
accordance with the procedure referred to in Article 8(2).

the programme shall be adopted in

Article 6

1.
The Commission may have an audit of the use made of
the assistance carried out 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 between
the Community and the EBRD on making Community funds
available
International Decommissioning
Support Fund 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.

to the Bohunice

2.
Commission staff and outside personnel authorised by the
Commission shall have appropriate right 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.

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

in order to protect

the Community’s financial
Furthermore,
interests against
the European
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 (1).

fraud and other irregularities,

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

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 (2) 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
Union or budgets managed by it by an unjustified item of
expenditure or budgets managed by other international organ-
isations on behalf of the Communities.

The agreements between the Community and the EBRD
4.
on making Community funds available to the Bohunice Inter-
national Decommissioning Support Fund shall provide for
appropriate measures to protect the financial
interests of the
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 7

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

Article 8

The Commission shall be assisted by a Committee
the Member States and

1.
composed of
chaired by the representative of the Commission.

the representatives of

2. Where reference is made to this paragraph, the following
procedure shall apply:

the measures

— the representative of the Commission shall submit to the
committee a draft of
to be taken. The
committee shall deliver its opinion on the draft within a
timelimit which the chairman may lay down according to
the urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 118(2) of the Euratom
Treaty,
is
required to adopt on a proposal
from the Commission.
the Member States
The votes of
within the committee shall be weighted in the manner set
out in that Article. The chairman shall not vote,

in the case of decisions which the Council

the representatives of

— the Commission shall adopt measures which shall apply
immediately. However,
in
if
accordance with the opinion of the committee, they shall
be communicated by the Commission to the Council
forthwith. In that event, the Commission may defer appli-
cation of the measures which it has decided on for a period
of 30 days,

these measures

are not

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

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— the Council, acting by qualified majority, may take a
different decision within the period provided for above.

3.
The committee shall adopt its rules of procedure on the
proposal of its chairman, on the basis of standard rules of
procedure as published in the Official
Journal of the European
Union. The committee shall lay down in its rules of procedure
special
the
Commission, where necessary, to adopt special measures by
an emergency procedure.

on consultation which

enable

rules

shall

The European Parliament shall be informed by the Commission
of committee proceedings on a regular basis. To that end,
it
shall receive agendas for committee meetings, and the results of
voting and summary records of the meetings and lists of the
authorities and organisations to which the persons designated
by the Member States to represent them belong.

Article 9

The principles and conditions on public access to documents
applicable to the Commission shall apply to the committee.

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, 14 May 2007.

For the Council
The President

F.-W. STEINMEIER