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20.12.2013 Official
Journal
of
the
European
Union
L
346/7
COUNCIL REGULATION (EURATOM) No 1369/2013
of 13 December 2013
on Union support for the nuclear decommissioning assistance programme in Lithuania, and
repealing Regulation (EC) No 1990/2006
THE COUNCIL OF THE EUROPEAN UNION,
economic strength of the country, Protocol No 4 states
that the Union assistance under the Ignalina programme
will be seamlessly continued and extended beyond 2006,
for the period of next financial perspectives.
Having regard to the 2003 Act of Accession, and in particular
Article 56 thereof and Protocol No 4 thereto,
(4) The
Union
has
committed
to
assist
Lithuania
in
addressing the exceptional financial burden imposed by
Having regard to the proposal from the European Commission,
the decommissioning process. Since the pre-accession
period, Lithuania has received substantial financial
support from the Union, notably through the Ignalina
programme established for the period 2007 - 2013.
Whereas:
The Union financial support under that programme
will end in 2013.
(1) According
to
Protocol
No
4
on
the
Ignalina
nuclear
power plant in Lithuania ( 1 ) attached to the 2003 Act
(5) Acknowledging
the
Union's
commitment
under
Protocol
of Accession (‘Protocol No 4’), acknowledging in 2004
No. 4 and following the request for further funding from
the readiness of the Union to provide adequate additional
Bulgaria, Lithuania and Slovakia, provision has been
Union assistance to the efforts by Lithuania to decom
made in the Commission proposal for the next multi-
mission the Ignalina nuclear power plant and high
annual financial framework for the period 2014-2020: ‘A
lighting this expression of solidarity, Lithuania
Budget for Europe 2020’ for an amount of EUR 700
committed to the closure of unit 1 of the Ignalina
million from the general budget of the Union for
nuclear power plant before 2005 and of unit 2 of that
nuclear safety and decommissioning. From this, the
plant by 31 December 2009 at the latest, and to the
amount of EUR 500 million in 2011 prices which is
subsequent decommissioning of those units. In line
approximately EUR 553 million in current prices, is
with its obligations, Lithuania shut down both units
foreseen for a new programme to further support the
concerned within the respective deadlines.
decommissioning of the Bohunice V1 units 1 and 2,
the Ignalina units 1 and 2 and the Kozloduy units 1
to 4 for the period from 2014 to 2020.
(2) In
line
with
its
obligations
under
the
Accession
Treaty
and with Union assistance, Lithuania has closed the
Ignalina nuclear power plant and made significant
progress towards its decommissioning. Further work is
(6) The
amount
of
the
appropriations
allocated
to
the
necessary in order to continue the progress with the
Kozloduy, Ignalina and Bohunice programmes, as well
actual decontamination, dismantling, management of
as the programming period and the distribution of
spent fuel and radioactive waste operations and to
funds amongst those programmes may be reviewed
implement the steady process towards the decommis
based on the results of the mid-term and the final
sioning end state in accordance with the decommis
evaluation reports.
sioning plan, whilst ensuring that the highest safety
standards are applied. Based on the available estimates,
completion of decommissioning work will require
substantial additional financial resources.
(7) The
support
pursuant
to
this
Regulation
should
ensure
the seamless continuation of decommissioning and
concentrate on measures to implement the steady
process towards the decommissioning end state, whilst
(3) Recognising that the premature shutdown and
ensuring that the highest safety standards are applied, as
consequent decommissioning of the Ignalina nuclear
such measures bring the greatest Union added value,
power plant with two 1 500 MW RBMK type reactor
while the ultimate responsibility for nuclear safety
units inherited from the Soviet Union is of an unprece
remains with the Member State concerned. This Regu
dented nature and represents for Lithuania an exceptional
lation does not prejudge the outcome of any future State
financial burden not commensurate with the size and
aid procedures that may be undertaken in accordance
with Articles 107 and 108 of the Treaty on the Func
( 1 ) OJ L 236, 23.9.2003, p. 944.
tioning of the European Union (TFEU).

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L 346/8
EN
Official Journal of the European Union
20.12.2013
(8)
This Regulation is without prejudice to the rights and
(13) The
financial
interests
of
the
Union
should
be
protected
obligations of the Member State concerned under the
through proportionate measures throughout the expen
Accession Treaty, in particular under Protocol No 4.
diture cycle, including the prevention, detection and
investigation of irregularities, the recovery of funds lost,
wrongly paid or incorrectly used and, where appropriate,
penalties.
(9) The
decommissioning
of
the
nuclear
power
plant
covered
by this Regulation 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, in order to ensure the highest possible
(14) Since
the
objectives
of
this
Regulation,
in
particular
as
efficiency, thus taking into account international best
regards the provisions for adequate financial resources for
practices.
the continuation of safe decommissioning, cannot be
sufficiently achieved by the Member States but can
rather, by reason of the scale or effects of the action,
be better achieved at Union level, the Union may adopt
(10) The
activities
covered
by
this
Regulation
and
the
oper
measures in accordance with the principle of subsidiarity
ations which they support should comply with applicable
as set out in Article 5 of the Treaty on European Union.
Union and national law. The decommissioning of the
In accordance with the principle of proportionality as set
nuclear power plant covered by this Regulation should
out in that Article, this Regulation does not go beyond
be carried out in accordance with the legislation on
what is necessary in order to achieve those objectives.
nuclear safety, namely Council Directive 2009/71/Eura
tom ( 1 ), waste management, namely Council Directive
2011/70/Euratom ( 2 ), and the environment, in particular
Directive 2009/31/EC of the European Parliament and of
(15) Certain
measures
under
the
Ignalina
programme
may
the Council
( 3 ) and Directive 2011/92/EU of the
require a high level of financing from the Union,
European Parliament and of the Council ( 4 ).
which may, in well–founded exceptional cases, amount
to the full amount of the funding. However, every effort
should be made to continue the co-financing practice
(11) The
activities
covered
by
this
Regulation
and
the
oper
established under the pre-accession assistance and the
ations which they support should be based on an
assistance provided over the period 2007-2013 for the
up–to–date decommissioning plan covering the decom
decommissioning efforts of Lithuania, as well as to attract
missioning activities, their associated schedule, costs and
co-financing from other sources as appropriate.
required human resources. The costs should be estab
lished according to internationally recognised standards
for the estimation of decommissioning costs, such as, for
example, the International Structure for Decommis
(16) In
order
to
ensure
uniform
conditions
for
the
implemen
sioning Costing jointly published by the Nuclear Energy
tation of this Regulation, implementing powers should be
Agency, the International Atomic Energy Agency and the
conferred on the Commission as regards the adoption of
European Commission.
annual work programmes and detailed implementation
procedures. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council ( 5 ).
(12) 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
funding allocated under this Regulation, although the
final responsibility for the decommissioning rests with
(17) Council
Regulation
(EC)
No
1990/2006
( 6 ) should be
the Member State concerned. This includes the
repealed.
measurement of effective performance and the
assessment of corrective measures during the Ignalina
programme.
(18) Due account was taken of the Court of Auditors' Special
( 1 ) Council Directive 2009/71/Euratom of 25 June 2009 establishing a
report No 16/2011 on EU financial assistance for the
Community framework for the nuclear safety of nuclear installations
decommissioning of nuclear plants in Bulgaria,
(OJ L 172, 2.7.2009, p. 18).
Lithuania and Slovakia, its recommendations and the
( 2 ) Council Directive 2011/70/Euratom of 19 July 2011 establishing a
reply from the Commission,
Community framework for the responsible and safe management of
spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).
( 3 ) Directive 2009/31/EC of the European Parliament and of the
( 5 ) Regulation (EU) No 182/2011 of the European Parliament and of
Council of 23 April 2009 on the geological storage of carbon
the Council of 16 February 2011 laying down the rules and general
dioxide and amending Council Directive 85/337/EEC, European
principles concerning mechanisms for control by the Member States
Parliament and Council Directives 2000/60/EC, 2001/80/EC,
of the Commission's exercise of implementing powers (OJ L 55,
2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No
28.2.2011, p. 13).
1013/2006 (OJ L 140, 5.6.2009, p. 114).
( 6 ) Council Regulation (EC) No 1990/2006 of 21 December 2006 on
( 4 ) Directive 2011/92/EU of the European Parliament and of the
the implementation of Protocol No 4 on the Ignalina nuclear power
Council of 13 December 2011 on the assessment of the effects of
plant in Lithuania to the Act of Accession of the Czech Republic,
certain public and private projects on the environment (OJ L 26,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia
28.1.2012, p. 1).
and Slovakia (Ignalina Programme) (OJ L 411, 30.12.2006, p. 10).

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EN
20.12.2013 Official
Journal
of
the
European
Union
L
346/9
HAS ADOPTED THIS REGULATION:
2. The
Commission
shall
review
the
performance
of
the
Ignalina programme and assess its progress against the mile
stones and target dates referred to in Article 7 by the end of
2017 within the framework of the mid-term evaluation referred
Article 1
to in Article 9. Based on the results of that assessment, the
Subject matter
amount of the appropriations allocated to the Ignalina
programme, as well as the programming period and distribution
This Regulation establishes a programme for the implemen
of funds amongst the Ignalina programme and the Kozloduy
tation of Union financial support for measures connected
and Bohunice programmes as established in Council Regulation
with the decommissioning of units 1 and 2 of the Ignalina
(Euratom) No 1368/2013 ( 1 ), may be reviewed to take account
nuclear power plant in Lithuania (the ‘Ignalina programme’).
of the progress made in the implementation of those
programmes and to ensure that the programming and allo
cation of the resources are based on actual payment needs
and absorption capacity.
Article 2
Objectives
1. The
general
objective
of
the
Ignalina
programme
is
to
3. The
financial
allocation
for
the
Ignalina
programme
may
assist the Member State concerned in implementing the steady
also cover expenses pertaining to preparatory, monitoring,
process towards the decommissioning end state of units 1 and
control, audit and evaluation activities which are required for
2 of the Ignalina nuclear power plant in accordance with its
the management of that programme and for the achievement of
decommissioning plan, whilst maintaining the highest level of
its objectives. In particular, expenses pertaining to studies,
safety.
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
2. Within the funding period, the main specific objectives of
information processing and exchange, together with all other
the Ignalina programme are:
technical and administrative assistance expenses incurred by the
Commission for the management of the Ignalina programme
may be covered.
(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
The financial allocation for the Ignalina programme may also
assemblies;
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.
(b) safely maintaining the reactor units, to be measured by the
number of registered incidents;
Article 4
Ex ante conditionalities
(c) performing dismantling in the turbine hall and other
auxiliary buildings and safely managing the decommis
1. By
1
January
2014,
Lithuania
shall
take
the
appropriate
sioning waste in accordance with a detailed waste
measures to fulfil the following ex ante conditionalities:
management plan, to be measured by the type and
number of auxiliary systems dismantled, and the quantity
and type of safely conditioned waste.
(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
3. The
Ignalina
programme
may
also
include
measures
to
Directive 2011/70/Euratom;
maintain a high level of safety at the units under decommis
sioning, including support with respect to the nuclear power
plants' personnel.
(b) establish, in a national framework, a financing plan iden
tifying the full costs and the envisaged funding sources
required for the safe completion of decommissioning of
Article 3
the nuclear reactor units, including management of spent
fuel and radioactive waste, in accordance with this Regu
Budget
lation;
1. The financial envelope for the implementation of the
Ignalina programme for the period from 2014 to 2020 shall
( 1 ) Council Regulation (Euratom) No 1368/2013 of 13 December 2013
be EUR 229 629 000 in current prices. This Regulation does
on Union support for the nuclear decommissioning assistance
programmes in Bulgaria and Slovakia, and repealing Regulations
not prejudge in any way financial commitments under future
(Euratom) No 549/2007 and (Euratom) No 647/2010 (See page 1
multi–annual financial frameworks.
of this Official Journal).

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L 346/10
EN
Official Journal of the European Union
20.12.2013
(c) submit to the Commission a revised detailed decommis
in the previous years. That progress report shall be transmitted
sioning plan, broken down to detail the level of decommis
to the European Parliament and to the Council and shall be a
sioning activities, including a schedule and corresponding
basis for the adoption of the next annual work programme.
costs structure based on internationally recognised
standards for the estimation of decommissioning costs.
Article 7
2. Lithuania shall provide the Commission with the
Detailed implementation procedures
necessary information on the fulfilment of the ex ante
conditionalities referred to in paragraph 1 at the latest by the
By 31 December 2014, the Commission shall adopt, by means
time of the budgetary commitment in 2014.
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).
3. The
Commission
shall
assess
the
information
referred
to Those implementing acts shall define in more detail, in
in paragraph 2 when preparing the 2014 annual work
respect of the Ignalina programme, the objectives, expected
programme referred to in Article 6(1). If the Commission is
results, milestones, target dates, as well as the corresponding
of reasoned opinion that an infringement under Article 258
performance indicators. They shall also contain the revised
TFEU for non-compliance with the ex ante conditionality set
detailed decommissioning plan as referred to in Article 4(1)(c)
out in paragraph 1(a) has occured or that the ex ante
that shall serve as baseline for the monitoring of the progress
conditionalities set out in paragraph 1(b) or 1(c) are not
and the timely achievement of the expected results.
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
Article 8
annual work programme. The amount of the suspended
Protection of the financial interests of the Union
assistance shall be defined following the criteria set out in the
implementing acts referred to in Article 7.
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 5
corruption and any other illegal activities, by effective checks
Forms of implementation
and, if irregularities are detected, by the recovery of amounts
wrongly paid and, where appropriate, by effective, proportionate
1. The
Ignalina
programme
shall
be
implemented
by
one
or and dissuasive penalties.
several of the forms provided for in Regulation (EU, Euratom)
No 966/2012 of the European Parliament and of the Coun
cil ( 1 ), in particular, by grants and procurements.
2. The
Commission
or
its
representatives
and
the
Court
of
Auditors shall have the power of audit, both on the basis of
2. The Commission may entrust the implementation of the
documents and on–the–spot, over all grant beneficiaries,
Union financial assistance under the Ignalina programme to the
contractors and subcontractors who have received Union funds.
bodies set out in Article 58(1)(c) of Regulation (EU, Euratom)
No 966/2012.
The European Anti-Fraud Office (OLAF) may carry out
Article 6
on–the–spot checks and inspections on economic operators
concerned directly or indirectly by Union funding, in
Annual work programmes
accordance with the procedures laid down in Regulation (EU,
Euratom) No 883/2013 of the European Parliament and of the
1. At the beginning of each year, the Commission shall
Council ( 2 ) and in Council Regulation (Euratom, EC) No
adopt, by means of implementing acts, an annual work
2185/96 ( 3 ), with a view to establishing whether fraud,
programme for the Ignalina programme specifying the objec
corruption or any other illegal activity has occurred affecting
tives, expected results, related performance indicators and
the financial interests of the Union in connection with a grant
timeline for the use of funds under each annual financial
agreement, grant decision or a contract concerning Union
commitment, in accordance with the examination procedure
funding.
referred to in Article 11(2).
( 2 ) Regulation (EU, Euratom) No 883/2013 of the European Parliament
and of the Council of 11 September 2013 concerning investigations
2. At the end of each year, the Commission shall establish a
conducted by the European Anti-Fraud Office (OLAF) and repealing
progress report on the implementation of the work carried out
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).
( 1 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament
( 3 ) Council Regulation (Euratom, EC) No 2185/96 of 11 November
and of the Council of 25 October 2012 on the financial rules
1996 concerning on-the-spot checks and inspections carried out
applicable to the general budget of the Union and repealing
by the Commission in order to protect the European Communities'
Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298,
financial interests against fraud and other irregularities (OJ L 292,
26.10.2012, p. 1).
15.11.1996, p. 2).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
346/11
3. Without
prejudice
to
paragraphs
1
and
2,
cooperation
Article 11
agreements with third countries and international organisations,
grant agreements, grant decisions and contracts resulting from
Committee
the implementation of this Regulation shall contain provisions
1. The
Commission
shall
be
assisted
by
a
committee.
That
expressly empowering the Commission, the Court of Auditors
committee shall be a committee within the meaning of Regu
and OLAF to conduct the audits, on–the–spot checks and
lation (EU) No 182/2011.
inspections referred to in those paragraphs, in accordance
with their respective competences.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Article 9
Regulation (EU) No 182/2011 shall apply.
Mid-term evaluation
1. By
31
December
2017,
a
mid-term
evaluation
report
shall Where the opinion of the committee is to be obtained by
be established by the Commission, in close cooperation with
written procedure, that procedure shall be terminated without
the Member States, on the achievement of the objectives of all
result when, within the time–limit for delivery of the opinion,
the measures related to the Ignalina programme, at the level of
the chair of the committee so decides or a simple majority of
results and impacts, the efficiency of the use of resources and its
committee members so requests.
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
Article 12
and detailed implementation procedures described in Article 2(2)
and Article 7 respectively.
Transitional provision
This Regulation shall not affect the continuation or modifi
2. The
mid-term
evaluation
shall
take
account
of
progress cation, including the total or partial cancellation, of the
against performance indicators as referred to in Article 2(2).
projects concerned, until their closure, or of financial aid
awarded by the Commission on the basis of Regulation (EC)
3. The
Commission
shall
communicate
the
conclusions
of No 1990/2006 or any other legislation applying to that
the evaluation referred to in paragraph 1 to the European
assistance on 31 December 2013, which shall continue to
Parliament and to the Council.
apply to the actions concerned until their closure.
Article 10
Article 13
Final evaluation
Repeal
1. The
Commission
shall
conduct,
in
close
cooperation
with Regulation (EC) No 1990/2006 is hereby repealed with effect
the Member States, an ex-post evaluation on the effectiveness
from 1 January 2014.
and efficiency of the Ignalina programme, as well as the effec
tiveness of financed measures in terms of impacts, use of
resources and added–value for the Union.
Article 14
2. The
final
evaluation
shall
take
account
of
progress
against
Entry into force
performance indicators as referred to in Article 2(2).
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
3. The
Commission
shall
communicate
the
conclusions
of
the evaluation referred to in paragraph 1 to the European
Parliament and to the Council.
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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