Legal provisions of COM(2018)466 - Nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania (Ignalina programme)

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dossier COM(2018)466 - Nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania (Ignalina programme).
document COM(2018)466 EN
date January 25, 2021

Contents

CHAPTER I - GENERAL PROVISIONS

Article 1 - Subject matter and scope

1. This Regulation establishes the nuclear decommissioning assistance programme of the Ignalina Nuclear Power Plant in Lithuania (‘the Programme’) for the period from 1 January 2021 to 31 December 2027.

2. It lays down the objectives of the Programme, its budget for the period from 1 January 2021 to 31 December 2027, the methods of implementation and the forms of Union funding.

Article 2 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘decommissioning’ means administrative and technical measures in accordance with national law which allow the removal of some or all of the regulatory controls from a nuclear facility and which aim to ensure the long-term protection of the public and the environment, including the reduction of the levels of residual radionuclides in the materials and on the site of the nuclear facility;

(2)‘decommissioning plan’ means a document that contains detailed information on the proposed decommissioning and covers the following: the selected decommissioning strategy; the schedule, type and sequence of decommissioning activities; the waste management strategy applied, including clearance; the proposed end state; the storage and disposal of the waste from decommissioning; the timeframe for decommissioning; the cost estimates for the completion of decommissioning; and the objectives, expected results, milestones, target dates, as well as the corresponding key performance indicators, including, where appropriate, earned-value-based indicators. The decommissioning plan is prepared by the nuclear facility licence holder and is reflected in the multiannual work programmes of the Programme.

Article 3 - Objectives of the Programme

1. The general objective of the Programme is to assist Lithuania in implementing the decommissioning of the Ignalina Nuclear Power Plant, with specific emphasis on managing the safety challenges in respect thereof, while creating knowledge with regard to the nuclear decommissioning process and the management of radioactive waste resulting from the decommissioning activities.

2. The specific objective of the Programme is to carry out the dismantling and decontamination of the equipment and reactor shafts of the Ignalina Nuclear Power Plant in accordance with the decommissioning plan, including the management of radioactive waste resulting from the decommissioning activities, and to continue with the safe management of the decommissioning and legacy waste.

3. A detailed description of the specific objectives of the Programme is set out in Annex I. The Commission may amend, by means of implementing acts, Annex I, in accordance with the examination procedure referred to in Article 13(2).

Article 4 - Budget of the Programme

1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 552 000 000 in current prices.

2. The amount referred to in paragraph 1 may cover expenses, beyond activities described in Annex I, related to technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems. Such expenses shall be documented.

3. Budgetary commitments for activities extending over more than one financial year may be broken down into annual instalments over several years.

Article 5 - Dissemination of knowledge

1. Knowledge created in the implementation process of the Programme shall be disseminated at the Union level.

2. Activities for accomplishing the activity referred to in paragraph 1 shall be financed under the JRC decommissioning and waste management programme, as defined in point 5 of Article 2 of Council Regulation (Euratom) 2021/100 (16). The JRC shall coordinate the structuring and dissemination of knowledge to Member States.

3. The process of dissemination of knowledge shall be included and defined in the work programme referred to in Article 9.

Article 6 - Methods of implementation and forms of Union funding

1. The Programme shall be implemented under direct management in accordance with the Financial Regulation or under indirect management with entities listed in point (c) of Article 62(1) of the Financial Regulation.

2. Union funding under the Programme may be provided in any form laid down in the Financial Regulation.

CHAPTER II - ELIGIBILITY

Article 7 - Eligible activities

Only activities implementing the objectives set out in Article 3 shall be eligible for Union funding.

Article 8 - Co-financing rates

Every effort shall be made to continue the co-financing practice established under the pre-accession assistance and the assistance provided over the previous multiannual financial programmes for the decommissioning efforts of Lithuania, as well as to attract co-financing from other sources as appropriate.

The overall maximum Union co-financing rate applicable under the Programme shall be 86 %. The remaining financing shall be provided by Lithuania and additional sources other than the Union budget. The activities necessary for the dissemination of knowledge referred to in Article 5 shall be funded by the Union at a rate of 100 %.

CHAPTER III - PROGRAMMING, MONITORING, EVALUATION AND CONTROL

Article 9 - Work programme

1. The Programme shall be implemented by a multiannual work programme referred to in Article 110 of the Financial Regulation. The multiannual work programme shall be adopted in accordance with the procedure referred to in Article 13(2).

2. The multiannual work programme referred to in paragraph 1 shall reflect the decommissioning plan that serves as baseline for monitoring and evaluation of the Programme.

3. The multiannual work programme referred to in paragraph 1 shall specify the current state, the objectives, the expected results, the related performance indicators and the timeline for the use of funds and shall define the details for the dissemination of knowledge.

Article 10 - Reporting and monitoring

1. Indicators to report on the progress of the Programme towards the achievement of the objectives set out in Article 3 are laid down in Annex II.

2. The performance reporting system shall ensure that data for monitoring the implementation and the results of the Programme are collected efficiently, effectively and in a timely manner. To that end, reporting requirements proportionate to the overall costs and Programme-related risks shall be imposed on recipients of Union funds and, where appropriate, on Member States.

3. At the end of each year, the Commission shall draw up a progress report on the implementation of the work carried out in the previous years, including the rate of activities resulting from calls for tenders, and shall present it to the European Parliament and to the Council.

Article 11 - Evaluation

1. Evaluations shall be carried out in a timely manner to feed into the decision-making process.

2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the period specified in Article 1(1). The interim evaluation shall also address the scope for modification of the multiannual work programme referred to in Article 9.

3. At the end of the implementation of the Programme, but no later than five years after the end of the period specified in Article 1(1), a final evaluation of the Programme shall be carried out by the Commission.

4. The Commission shall communicate the conclusions of the evaluations, together with its observations, to the European Parliament and to the Council.

Article 12 - Audits

Audits on the use of the Union and national contribution carried out by persons or entities, including persons or entities other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance within the meaning of Article 127 of the Financial Regulation.

Article 13 - 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 if, 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.

CHAPTER IV - TRANSITIONAL AND FINAL PROVISIONS

Article 14 - Information, communication and publicity

1. The recipients of Union funds shall acknowledge the origin of those funds and ensure the visibility of the Union funding, in particular when promoting the activities and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

2. The Commission shall implement information and communication actions relating to the Programme, to activities carried out pursuant to the Programme and to the results obtained.

3. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives set out in Article 3.

Article 15 - Repeal

Regulation (EU) No 1369/2013 is repealed.

Article 16 - Transitional provisions

1. This Regulation shall not affect the continuation of or modification of the activities initiated pursuant to Regulation (EU) No 1369/2013, which shall continue to apply to those activities until their closure.

2. The financial envelope for the Programme may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted pursuant to the Regulation (EU) No 1369/2013.

3. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 4(2) to enable the management of activities not completed by 31 December 2027.

Article 17 - Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States.