Article 1 Subject matter
This Regulation establishes a programme for the implementation of Union financial support for measures connected with the decommissioning of units 1 and 2 of the Ignalina nuclear power plant in Lithuania (the ‘Ignalina programme’).
Article 2 Objectives
1. The general objective of the Ignalina programme is to assist the Member State concerned in implementing the steady process towards the decommissioning end state of units 1 and 2 of the Ignalina nuclear power plant in accordance with its decommissioning plan, whilst maintaining the highest level of safety. 2. Within the funding period, the main specific objectives of the Ignalina programme are: (a) defueling of the reactor core of unit 2 and the reactor fuel ponds of units 1 and 2 into the dry spent fuel storage facility, to be measured by the number of unloaded fuel assemblies; (b) safely maintaining the reactor units, to be measured by the number of registered incidents; (c) performing dismantling in the turbine hall and other auxiliary buildings and safely managing the decommissioning waste in accordance with a detailed waste management plan, to be measured by the type and number of auxiliary systems dismantled, and the quantity and type of safely conditioned waste. 3. The Ignalina programme may also include measures to maintain a high level of safety at the units under decommissioning, including support with respect to the nuclear power plants' personnel.
Article 3 Budget
1. The financial envelope for the implementation of the Ignalina programme for the period from 2014 to 2020 shall be EUR 229 629 000 in current prices. This Regulation does not prejudge in any way financial commitments under future multi–annual financial frameworks. 2. The Commission shall review the performance of the Ignalina programme and assess its progress against the milestones and target dates referred to in Article 7 by the end of 2017 within the framework of the mid-term evaluation referred to in Article 9. Based on the results of that assessment, the amount of the appropriations allocated to the Ignalina programme, as well as the programming period and distribution of funds amongst the Ignalina programme and the Kozloduy and Bohunice programmes as established in Council Regulation (Euratom) No 1368/2013 ( 8 ) , may be reviewed to take account of the progress made in the implementation of those programmes and to ensure that the programming and allocation of the resources are based on actual payment needs and absorption capacity. 3. The financial allocation for the Ignalina programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of that programme and for the achievement of its objectives. In particular, expenses pertaining to studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation, and expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Ignalina programme may be covered. The financial allocation for the Ignalina programme may also cover the expenses of technical and administrative assistance necessary to ensure the transition between that programme and the measures adopted under Regulation (EC) No 1990/2006.
Article 4 Ex ante conditionalities
1. By 1 January 2014, Lithuania shall take the appropriate measures to fulfil the following ex ante conditionalities: (a) comply with the Euratom Treaty's acquis in the area of nuclear safety, in particular regarding the transposition into national law of Directive 2009/71/Euratom and Directive 2011/70/Euratom; (b) establish, in a national framework, a financing plan identifying the full costs and the envisaged funding sources required for the safe completion of decommissioning of the nuclear reactor units, including management of spent fuel and radioactive waste, in accordance with this Regulation; (c) submit to the Commission a revised detailed decommissioning plan, broken down to detail the level of decommissioning activities, including a schedule and corresponding costs structure based on internationally recognised standards for the estimation of decommissioning costs. 2. Lithuania shall provide the Commission with the necessary information on the fulfilment of the ex ante conditionalities referred to in paragraph 1 at the latest by the time of the budgetary commitment in 2014. 3. The Commission shall assess the information referred to in paragraph 2 when preparing the 2014 annual work programme referred to in Article 6(1). If the Commission is of reasoned opinion that an infringement under Article 258 TFEU for non-compliance with the ex ante conditionality set out in paragraph 1(a) has occured or that the ex ante conditionalities set out in paragraph 1(b) or 1(c) are not fulfilled satisfactorily, a decision on suspension of all or part of the Union financial assistance shall be taken in accordance with the examination procedure referred to in Article 11(2). Such decision shall be reflected in the adoption of the 2014 annual work programme. The amount of the suspended assistance shall be defined following the criteria set out in the implementing acts referred to in Article 7.
Article 5 Forms of implementation
1. The Ignalina programme shall be implemented by one or several of the forms provided for in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 9 ) , in particular, by grants and procurements. 2. The Commission may entrust the implementation of the Union financial assistance under the Ignalina programme to the bodies set out in Article 58(1)(c) of Regulation (EU, Euratom) No 966/2012.
Article 6 Annual work programmes
1. At the beginning of each year, the Commission shall adopt, by means of implementing acts, an annual work programme for the Ignalina programme specifying the objectives, expected results, related performance indicators and timeline for the use of funds under each annual financial commitment, in accordance with the examination procedure referred to in Article 11(2). 2. At the end of each year, the Commission shall establish a progress report on the implementation of the work carried out in the previous years. That progress report shall be transmitted to the European Parliament and to the Council and shall be a basis for the adoption of the next annual work programme.
Article 7 Detailed implementation procedures
By 31 December 2014, the Commission shall adopt, by means of implementing acts, detailed implementation procedures for the Ignalina programme for its entire duration, in accordance with the examination procedure referred to in Article 11(2). Those implementing acts shall define in more detail, in respect of the Ignalina programme, the objectives, expected results, milestones, target dates, as well as the corresponding performance indicators. They shall also contain the revised detailed decommissioning plan as referred to in Article 4(1)(c) that shall serve as baseline for the monitoring of the progress and the timely achievement of the expected results.
Article 8 Protection of the financial interests of the Union
1. The Commission shall take appropriate measures to ensure that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive penalties. 2. The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents and on–the–spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds. The European Anti-Fraud Office (OLAF) may carry out on–the–spot checks and inspections on economic operators concerned directly or indirectly by Union funding, in accordance with the procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 10 ) and in Council Regulation (Euratom, EC) No 2185/96 ( 11 ) , with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement, grant decision or a contract concerning Union funding. 3. Without prejudice to paragraphs 1 and 2, cooperation agreements with third countries and international organisations, grant agreements, grant decisions and contracts resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct the audits, on–the–spot checks and inspections referred to in those paragraphs, in accordance with their respective competences.
Article 9 Mid-term evaluation
1. By 31 December 2017, a mid-term evaluation report shall be established by the Commission, in close cooperation with the Member States, on the achievement of the objectives of all the measures related to the Ignalina programme, at the level of results and impacts, the efficiency of the use of resources and its Union added value, with a view to adopting a decision amending or suspending those measures. The evaluation shall also address the scope for modification of the specific objectives and detailed implementation procedures described in Article 2(2) and Article 7 respectively. 2. The mid-term evaluation shall take account of progress against performance indicators as referred to in Article 2(2). 3. The Commission shall communicate the conclusions of the evaluation referred to in paragraph 1 to the European Parliament and to the Council.
Article 10 Final evaluation
1. The Commission shall conduct, in close cooperation with the Member States, an ex-post evaluation on the effectiveness and efficiency of the Ignalina programme, as well as the effectiveness of financed measures in terms of impacts, use of resources and added–value for the Union. 2. The final evaluation shall take account of progress against performance indicators as referred to in Article 2(2). 3. The Commission shall communicate the conclusions of the evaluation referred to in paragraph 1 to the European Parliament and to the Council.
Article 11 Committee
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time–limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.
Article 12 Transitional provision
This Regulation shall not affect the continuation or modification, including the total or partial cancellation, of the projects concerned, until their closure, or of financial aid awarded by the Commission on the basis of Regulation (EC) No 1990/2006 or any other legislation applying to that assistance on 31 December 2013, which shall continue to apply to the actions concerned until their closure.
Article 13 Repeal
Regulation (EC) No 1990/2006 is hereby repealed with effect from 1 January 2014.
Article 14 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2014.