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20.12.2013 Official
Journal
of
the
European
Union
L
346/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EURATOM) No 1368/2013
of 13 December 2013
on Union support for the nuclear decommissioning assistance programmes in Bulgaria and Slovakia,
and repealing Regulations (Euratom) No 549/2007 and (Euratom) No 647/2010
THE COUNCIL OF THE EUROPEAN UNION,
obligations, Slovakia shut down all units concerned
within the respective deadlines.
Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 203 thereof,
(3) In
line
with
their
obligations
under
the
Accession
Treaty
and with Union assistance, Bulgaria and Slovakia have
closed the Kozloduy and Bohunice V1 nuclear power
plants and have made significant progress towards their
decommissioning. Further work is necessary in order to
Having regard to the proposal from the European Commission,
continue the progress with the actual decontamination,
dismantling, management of spent fuel and radioactive
waste operations and to implement the steady process
towards the decommissioning end state in accordance
with the respective decommissioning plans, whilst
Having regard to the opinion of the European Parliament ( 1 ),
ensuring that the highest safety standards are applied.
Based on the available estimates, completion of the
decommissioning work will require substantial additional
financial resources.
Whereas:
(4) The
premature
shutdown
and
consequent
decommis
sioning of the Bohunice VI nuclear power plant with
(1)
According to the Protocol concerning the conditions and
two WWER 440 V 230 type units with an overall
arrangements for admission of the Republic of Bulgaria
capacity of 880 MW has resulted, besides social and
and Romania to the European Union
( 2 ), Bulgaria
energy implications, in a significant financial burden of
committed itself to the closure of units 1 and 2 and
direct and indirect costs for Slovakia.
units 3 and 4 of the Kozloduy nuclear power plant by
31 December 2002 and 31 December 2006 respectively,
and to the subsequent decommissioning of those units.
In line with its obligations, Bulgaria shut down all units
(5) The
premature
shutdown
and
consequent
decommis
concerned within the respective deadlines.
sioning of four WWER 440 V 230 type units of the
Kozloduy nuclear power plant with an overall capacity
of 1 760 MW has imposed a heavy long-term burden on
Bulgarian citizens in terms of energy, economic, environ
(2)
According to Protocol No 9 on unit 1 and unit 2 of the
mental and social implications.
Bohunice V1 nuclear power plant in Slovakia ( 3 ) attached
to the 2003 Act of Accession, Slovakia committed itself
to the closure of unit 1 and unit 2 of the Bohunice V1
nuclear power plant by 31 December 2006 and
(6) The
Union
has
committed
to
assist
Bulgaria
and
Slovakia
31 December 2008 respectively, and to the subsequent
in addressing the exceptional financial burden imposed
decommissioning of those units. In line with its
by the decommissioning process. Since the pre-accession
period, Bulgaria and Slovakia have received substantial
financial support from the Union, notably through the
( 1 ) Opinion of 19 November 2013 (not yet published in the Official
Kozloduy and Bohunice programmes established for the
Journal).
( 2 ) OJ L 157, 21.6.2005, p. 29.
period 2007 - 2013. The Union financial support under
( 3 ) OJ L 236, 23.9.2003, p. 954.
those programmes will end in 2013.

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L 346/2
EN
Official Journal of the European Union
20.12.2013
(7) Following
the
request
for
further
funding
from
Bulgaria,
2011/70/Euratom ( 2 ), and the environment, in particular
Lithuania and Slovakia, provision has been made in the
Directive 2009/31/EC of the European Parliament and of
Commission proposal for the next multi-annual financial
the Council
( 3 ) and Directive 2011/92/EU of the
framework for the period 2014-2020: ‘A Budget for
European Parliament and of the Council ( 4 ).
Europe 2020’ for an amount of EUR 700 million from
the general budget of the Union for nuclear safety and
decommissioning. From this, the amount of EUR 500
million in 2011 prices, which is approximately EUR
(13) The activities covered by this Regulation and the oper
553 million in current prices, is foreseen for a new
ations which they support should be based on an
programme to further support the decommissioning of
up–to–date decommissioning plan covering the decom
the Bohunice V1 units 1 and 2, the Ignalina units 1 and
missioning activities, their associated schedule, costs and
2 and the Kozloduy units 1 to 4 for the period from
required human resources. The costs should be estab
2014 to 2020.
lished according to internationally recognised standards
for the estimation of decommissioning costs, such as, for
example, the International Structure for Decommis
sioning Costing jointly published by the Nuclear Energy
(8) The
amount
of
the
appropriations
allocated
to
the
Kozloduy and Bohunice programmes, as well as the
Agency, the International Atomic Energy Agency and the
programming period and the distribution of funds
European Commission.
amongst the Kozloduy, Bohunice and Ignalina
programmes may be reviewed based on the results of
the mid-term and the final evaluation reports.
(14) An effective control of the evolution of the decommis
sioning process should be ensured by the Commission in
order to assure the highest Union added value of the
(9) The
support
pursuant
to
this
Regulation
should
ensure
funding allocated under this Regulation, although the
the seamless continuation of decommissioning and
final responsibility for the decommissioning rests with
concentrate on measures to implement the steady
the Member States concerned. This includes the
process towards the decommissioning end state, whilst
measurement of effective performance and the
ensuring that the highest safety standards are applied, as
assessment of corrective measures during the
such measures bring the greatest Union added value,
programme concerned.
while the ultimate responsibility for nuclear safety
remains with the Member States concerned. This Regu
lation does not prejudge the outcome of any future State
aid procedures that may be undertaken in accordance
(15) The
financial
interests
of
the
Union
should
be
protected
with Articles 107 and 108 of the Treaty on the Func
through proportionate measures throughout the expen
tioning of the European Union (TFEU).
diture cycle, including the prevention, detection and
investigation of irregularities, the recovery of funds lost,
wrongly paid or incorrectly used and, where appropriate,
(10) This Regulation is without prejudice to the rights and
penalties.
obligations of the Member States concerned under the
Accession Treaties, in particular under the Protocols
referred to in recitals 1 and 2.
(16) Since
the
objectives
of
this
Regulation,
in
particular
as
regards the provisions for adequate financial resources for
the continuation of safe decommissioning, cannot be
(11) The decommissioning of the nuclear power plants
sufficiently achieved by the Member States but can
covered by this Regulation should be carried out with
rather, by reason of the scale or effects of the action,
recourse to the best available technical expertise, and
be better achieved at Union level, the Union may adopt
with due regard to the nature and technological specifi
measures in accordance with the principle of subsidiarity
cations of the units to be shut down, in order to ensure
as set out in Article 5 of the Treaty on European Union.
the highest possible efficiency, thus taking into account
In accordance with the principle of proportionality as set
international best practices.
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives.
(12) The
activities
covered
by
this
Regulation
and
the
oper
( 2 ) Council Directive 2011/70/Euratom of 19 July 2011 establishing a
ations which they support should comply with applicable
Community framework for the responsible and safe management of
spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).
Union and national law. The decommissioning of the
( 3 ) Directive 2009/31/EC of the European Parliament and of the
nuclear power plants covered by this Regulation should
Council of 23 April 2009 on the geological storage of carbon
be carried out in accordance with the legislation on
dioxide and amending Council Directive 85/337/EEC, European
nuclear safety, namely Council Directive 2009/71/Eura
Parliament and Council Directives 2000/60/EC, 2001/80/EC,
tom (
2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No

1 ), waste management, namely Council Directive
1013/2006 (OJ L 140, 5.6.2009, p. 114).
( 4 ) Directive 2011/92/EU of the European Parliament and of the
( 1 ) Council Directive 2009/71/Euratom of 25 June 2009 establishing a
Council of 13 December 2011 on the assessment of the effects of
Community framework for the nuclear safety of nuclear installations
certain public and private projects on the environment (OJ L 26,
(OJ L 172, 2.7.2009, p. 18).
28.1.2012, p. 1).

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EN
20.12.2013 Official
Journal
of
the
European
Union
L
346/3
(17) Certain
measures under the Kozloduy and Bohunice
implementing the steady process towards the decommissioning
programmes may require a high level of financing from
end state of Kozloduy units 1 to 4 and Bohunice V1 units 1
the Union, which may, in well–founded exceptional
and 2 in accordance with their respective decommissioning
cases, amount to the full amount of the funding.
plans, whilst maintaining the highest level of safety.
However, every effort should be made to continue the
co-financing practice established under the pre-accession
assistance and the assistance provided over the period
2. Within
the
funding
period,
the
main
specific
objectives
of
2007-2013 for the decommissioning efforts of Bulgaria
the Kozloduy and Bohunice programmes are:
and Slovakia, as well as to attract co-financing from
other sources as appropriate.
(a) in respect of the Kozloduy programme:
(18) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation, implementing powers should be
conferred on the Commission as regards the adoption of
(i) performing dismantling in the turbine halls of units 1
annual work programmes and detailed implementation
to 4 and in auxiliary buildings, to be measured by the
procedures. Those powers should be exercised in
number and type of systems dismantled;
accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council ( 1 ).
(ii) dismantling of large components and equipment in the
(19) Council Regulation (Euratom) No 549/2007
( 2 ) and
reactor buildings of units 1 to 4, to be measured by the
Council Regulation (Euratom) No 647/2010 ( 3 ) should
number and type of systems and equipment dismantled;
be repealed.
(iii) safely managing the decommissioning waste in
(20) Due account was taken of the Court of Auditors' Special
accordance with a detailed waste management plan,
report No 16/2011 on EU financial assistance for the
to be measured by the quantity and type of safely
decommissioning of nuclear plants in Bulgaria,
conditioned waste;
Lithuania and Slovakia, its recommendations and the
reply from the Commission,
(b) in respect of the Bohunice programme:
HAS ADOPTED THIS REGULATION:
Article 1
(i) performing dismantling in the turbine hall and auxiliary
buildings of reactor V1, to be measured by the number
Subject matter
and type of systems dismantled;
This Regulation establishes a programme for the implemen
tation of Union financial support for measures connected
with the decommissioning of units 1 to 4 of the Kozloduy
(ii) dismantling of large components and equipment in the
nuclear power plant in Bulgaria (the ‘Kozloduy programme’)
V1 reactor buildings, to be measured by the number
and units 1 and 2 of the Bohunice V1 nuclear power plant
and type of systems and equipment dismantled;
in Slovakia (the ‘Bohunice programme’) (together, ‘the
Kozloduy and Bohunice programmes’).
(iii) safely managing the decommissioning waste in
accordance with a detailed waste management plan,
Article 2
to be measured by the quantity and type of safely
Objectives
conditioned waste.
1. The general objective of the Kozloduy and Bohunice
programmes is to assist the Member States concerned in
3. The
Kozloduy
and
Bohunice
programmes
may
also
include measures to maintain a high level of safety at the
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
units under decommissioning, including support with respect
the Council of 16 February 2011 laying down the rules and general
to the nuclear power plants' personnel.
principles concerning mechanisms for control by the Member States
of the Commission's exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).
( 2 ) Council Regulation (Euratom) No 549/2007 of 14 May 2007 on the
Article 3
implementation of Protocol No 9 on Unit 1 and Unit 2 of the
Bohunice V1 nuclear power plant in Slovakia to the Act concerning
Budget
the conditions of accession to the European Union of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
1. The financial envelope for the implementation of the
Slovenia and Slovakia (OJ L 131, 23.5.2007, p. 1).
Kozloduy and Bohunice programmes for the period from
( 3 ) Regulation (Euratom) No 647/2010 of the Council of 13 July 2010
2014 to 2020 shall be EUR 323 318 000 in current prices.
on financial assistance of the Union with respect to the decommis
sioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant in
That amount shall be distributed between the Kozloduy and
Bulgaria (Kozloduy Programme) (OJ L 189, 22.7.2010, p. 9).
Bohunice programmes as follows:

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L 346/4
EN
Official Journal of the European Union
20.12.2013
(a) EUR 208 503 000 for the Kozloduy programme for the
(a) comply with the Euratom Treaty's acquis in the area of
period from 2014 to 2020;
nuclear safety, in particular regarding the transposition
into national law of Directives 2009/71/Euratom and
2011/70/Euratom;
(b) EUR 114 815 000 for the Bohunice programme for the
period from 2014 to 2020.
(b) establish, in a national framework, a financing plan iden
tifying the full costs and the envisaged funding sources
This Regulation does not prejudge in any way financial
required for the safe completion of decommissioning of
commitments under future multi-annual financial frameworks.
the nuclear reactor units, including management of spent
fuel and radioactive waste, in accordance with this Regu
lation.
2. The
Commission
shall
review
the
performance
of
the
Kozloduy and Bohunice programmes and assess the progress
of those programmes against the milestones and target dates
(c) submit to the Commission a revised detailed decommis
referred to in Article 7 by the end of 2017 within the
sioning plan, broken down to detail the level of decommis
framework of the mid-term evaluation referred to in Article 9.
sioning activities, including a schedule and corresponding
Based on the results of that assessment, the amount of the
costs structure based on internationally recognised
appropriations allocated to the Kozloduy and Bohunice
standards for the estimation of decommissioning costs.
programmes, as well as the programming period and
distribution of funds amongst the Kozloduy and Bohunice
programmes and the Ignalina programme as established in
Council Regulation (Euratom) No 1369/2013 (
2. Bulgaria
and
Slovakia
shall
provide
the
Commission
with

1 ), may be
reviewed to take account of the progress made in the imple
the necessary information on the fulfilment of the ex ante
mentation of those programmes and to ensure that the
conditionalities referred to in paragraph 1 at the latest by the
programming and allocation of the resources are based on
time of the budgetary commitment in 2014.
actual payment needs and absorption capacity.
3. The
Commission
shall
assess
the
information
referred
to
3. The
financial
allocation
for
the
Kozloduy
and
Bohunice in paragraph 2 when preparing the 2014 annual work
programmes may also cover expenses pertaining to preparatory,
programme referred to in Article 6(1). If the Commission is
monitoring, control, audit and evaluation activities which are
of reasoned opinion that an infringement under Article 258
required for the management of each programme and for the
TFEU for non-compliance with the ex ante conditionality set
achievement of their objectives. In particular, expenses
out in paragraph 1(a) has occured or that the ex ante
pertaining to studies, meetings of experts, information and
conditionalities set out in paragraph 1(b) or 1(c) are not
communication actions, including corporate communication
fulfilled satisfactorily, a decision on suspension of all or part
of the political priorities of the Union as far as they are
of the Union financial assistance shall be taken in accordance
related to the general objectives of this Regulation, and
with the examination procedure referred to in Article 11(2).
expenses linked to IT networks focusing on information
Such decision shall be reflected in the adoption of the 2014
processing and exchange, together with all other technical and
annual work programme. The amount of the suspended
administrative assistance expenses incurred by the Commission
assistance shall be defined following the criteria set out in the
for the management of the Kozloduy and Bohunice
implementing acts referred to in Article 7.
programmes may be covered.
Article 5
The financial allocation for the Kozloduy and Bohunice
programmes may also cover the expenses of technical and
Forms of implementation
administrative assistance necessary to ensure the transition
1. The
Kozloduy
and
Bohunice
programmes
shall
be
imple
between those programmes and the measures adopted under
mented by one or several of the forms provided for in Regu
Regulations (Euratom) No 549/2007 and (Euratom) No
lation (EU, Euratom) No 966/2012 of the European Parliament
647/2010.
and of the Council ( 2 ), in particular, by grants and procure
ments.
Article 4
Ex ante conditionalities
2. The Commission may entrust the implementation of the
Union financial assistance under the Kozloduy and Bohunice
1. By
1
January
2014,
Bulgaria
and
Slovakia
shall
take
the programmes to the bodies set out in Article 58(1)(c) of Regu
appropriate measures to fulfil the following ex ante conditional
lation (EU, Euratom) No 966/2012.
ities:
( 2 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
( 1 ) Council Regulation (Euratom) No 1369/2013 of 13 December 2013
and of the Council of 25 October 2012 on the financial rules
on Union support for the nuclear decommissioning assistance
applicable to the general budget of the Union and repealing
programme in Lithuania, and repealing Regulation (EC) No
Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298,
1990/2006 (See page 7 of this Official Journal).
26.10.2012, p. 1).

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EN
20.12.2013 Official
Journal
of
the
European
Union
L
346/5
Article 6
Euratom) No 883/2013 of the European Parliament and of the
Council (
Annual work programmes

1 ) and in Council Regulation (Euratom, EC) No
2185/96 ( 2 ), with a view to establishing whether fraud,
1. At the beginning of each year, the Commission shall
corruption or any other illegal activity has occurred affecting
adopt, by means of implementing acts, a joint annual work
the financial interests of the Union in connection with a grant
programme for the Kozloduy and Bohunice programmes spec
agreement, grant decision or a contract concerning Union
ifying, in respect of each programme, the objectives, expected
funding.
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).
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
2. At the end of each year, the Commission shall establish a
expressly empowering the Commission, the Court of Auditors
progress report on the implementation of the work carried out
and OLAF to conduct the audits, on–the–spot checks and
in the previous years. That progress report shall be transmitted
inspections referred to in those paragraphs, in accordance
to the European Parliament and to the Council and shall be a
with their respective competences.
basis for the adoption of the next joint annual work
programme.
Article 9
Mid-term evaluation
Article 7
1. By
31
December
2017,
a
mid-term
evaluation
report
shall
Detailed implementation procedures
be established by the Commission, in close cooperation with
By 31 December 2014, the Commission shall adopt, by means
the Member States, on the achievement of the objectives of all
of implementing acts, detailed implementation procedures for
the measures related to the Kozloduy and Bohunice
the Kozloduy and Bohunice programmes for their entire
programmes, at the level of results and impacts, the efficiency
duration, in accordance with the examination procedure
of the use of resources and its Union added value, with a view
referred to in Article 11(2). Those implementing acts shall
to adopting a decision amending or suspending those measures.
define in more detail, in respect of those programmes, the
The evaluation shall also address the scope for modification of
objectives, expected results, milestones, target dates, as well as
the specific objectives and detailed implementation procedures
the corresponding performance indicators. They shall also
described in Article 2(2) and Article 7 respectively.
contain the revised detailed decommissioning plans as referred
to in Article 4(1)(c) that shall serve as baseline for the moni
toring of the progress and the timely achievement of the
expected results.
2. The
mid-term
evaluation
shall
take
account
of
progress
against performance indicators as referred to in Article 2(2).
Article 8
3. The
Commission
shall
communicate
the
conclusions
of
Protection of the financial interests of the Union
the evaluation referred to in paragraph 1 to the European
Parliament and to the Council.
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,
Article 10
corruption and any other illegal activities, by effective checks
and, if irregularities are detected, by the recovery of amounts
Final evaluation
wrongly paid and, where appropriate, by effective, proportionate
1. The
Commission
shall
conduct,
in
close
cooperation
with
and dissuasive penalties.
the Member States, an ex-post evaluation on the effectiveness
and efficiency of the Kozloduy and Bohunice programmes, as
well as the effectiveness of financed measures in terms of
impacts, use of resources and added–value for the Union.
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,
( 1 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament
and of the Council of 11 September 2013 concerning investigations
contractors and subcontractors who have received Union funds.
conducted by the European Anti-Fraud Office (OLAF) and repealing
Regulation (EC) No 1073/1999 of the European Parliament and of
the Council and Council Regulation (Euratom) No 1074/1999 (OJ
L 248, 18.9.2013, p. 1).
The European Anti-Fraud Office (OLAF) may carry out
( 2 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November
on–the–spot checks and inspections on economic operators
1996 concerning on-the-spot checks and inspections carried out
by the Commission in order to protect the European Communities'
concerned directly or indirectly by Union funding, in
financial interests against fraud and other irregularities (OJ L 292,
accordance with the procedures laid down in Regulation (EU,
15.11.1996, p. 2).

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L 346/6
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Official Journal of the European Union
20.12.2013
2. The
final
evaluation
shall
take
account
of
progress
against
Article 12
performance indicators as referred to in Article 2(2).
Transitional provision
This Regulation shall not affect the continuation or modifi
3. The
Commission
shall
communicate
the
conclusions
of cation, including the total or partial cancellation, of the
the evaluation referred to in paragraph 1 to the European
projects concerned, until their closure, or of financial aid
Parliament and to the Council.
awarded by the Commission on the basis of Regulations
(Euratom) No 549/2007, (Euratom) No 647/2010 or any
Article 11
other legislation applying to that assistance on 31 December
2013, which shall continue to apply to the actions concerned
Committee
until their closure.
1. The
Commission
shall
be
assisted
by
a
committee.
That
Article 13
committee shall be a committee within the meaning of Regu
lation (EU) No 182/2011.
Repeal
Regulations (Euratom) No 549/2007 and (Euratom) No
2. Where
reference
is
made
to
this
paragraph,
Article
5
of 647/2010 are hereby repealed with effect from 1 January 2014.
Regulation (EU) No 182/2011 shall apply.
Article 14
Entry into force
Where the opinion of the committee is to be obtained by
written procedure, that procedure shall be terminated without
This Regulation shall enter into force on the day following that
result when, within the time–limit for delivery of the opinion,
of its publication in the Official Journal of the European Union.
the chair of the committee so decides or a simple majority of
committee members so requests.
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2013.
For the Council
The President
V. MAZURONIS

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