Legal provisions of COM(2004)624-1 - Implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania, as annexed to the Act concerning the conditions of accession to the EU of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia "Ignalina Programme"

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dossier COM(2004)624-1 - Implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania, as annexed to the Act concerning the ...
document COM(2004)624 EN
date December 21, 2006


Article 1

This Regulation lays down detailed rules for the implementation over the period 2007-2013 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

The Ignalina Programme shall cover, inter alia, measures to 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 environmental 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 decommission 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 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.

Article 3

1. The financial reference amount necessary for implementation 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.

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

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.

Article 4

The contribution under the Ignalina Programme may, for certain measures, 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 2004-2006 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.

2. Financial assistance for measures under the Ignalina Programme, or parts thereof, may be made available as a Community contribution to the Ignalina International Decommissioning Support Fund, managed by the EBRD.

3. Measures and financial assistance under the Ignalina Programme shall be approved in line with Article 4 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

Article 6

1. Public aid from national, Community and international sources for:

- environmental upgrading in line with the acquis and measures to modernise the Elektrenai thermal power plant in Lithuania as the key replacement for the production capacity of the two reactors at the Ignalina nuclear power plant, and decommissioning the Ignalina nuclear power plant

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

2. Public aid from national, Community and international sources in support of Lithuania's efforts to address the consequences of the closure and 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 7

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.

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.

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

Furthermore, in order to protect the Community's financial interests against fraud and other irregularities, 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 of 11 November 1996 concerning on-the-spot checks and inspections

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities1.

3. For the Community action financed under this Regulation, 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 interests2 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 Communities by an unjustified item of expenditure or budgets managed by other international organisations on behalf of the European Communities.

4. The agreements between the Community and the EBRD on making Community funds available to the Ignalina International 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 9

The Commission shall ensure the implementation of this Regulation 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 10

This Regulation shall enter into force on the twentieth day following that of 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.

OJ L 292, 15.11.1996, p. 2. OJ L 312, 23.12.1995, p. 1.