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

23.5.2007 EN Official Journal of the European Union L 131/1
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 Communities (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 general budget of the European Communities (2), and in 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. 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 decommissioning efforts.
(2) 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.
(3) In Protocol No 9 the Union also recognised that decommissioning of the Bohunice V1 nuclear power plant will have to continue beyond the Financial Perspectives 2002 to 2006 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.
(4) 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 in particular, the Community is the main contributor to these funds.
(5) Consequently, provision should be made for a sum of EUR 423 million (4) from the general budget of the European Union to fund the decommissioning of the Bohunice V1 nuclear power plant over the period from 2007 to 2013.
(6) The appropriations of the general budget of the European Union for decommissioning should not lead 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.
(7) The financial assistance may be made available as a Community contribution to the Bohunice International Decommissioning Support Fund managed by the EBRD.
(8) 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.
(9) Protocol No 9 leaves open the possibility of the establishment of different implementation routes for assistance to meet the purpose mentioned in Article 2, including a nationally administered accredited channel. The Commission and Slovakia could develop the implementing modalities in line with the relevant sections of the Financial Regulation.
(10) 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.
(11) The decommissioning of the Bohunice V1 nuclear power plant should be carried out in line with the legislation 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 environment (5).
(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 financial management (6), is inserted in this Regulation for the entire duration of the programme, without prejudice to the powers of the budgetary authority as defined by the Treaty establishing the European Community.
(13) For the adoption of measures necessary for the implementation of this Regulation the Commission should be assisted by a committee,