Legal provisions of COM(2018)467 - Dedicated financial programme for decommissioning of nuclear facilities and management of radioactive waste

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dossier COM(2018)467 - Dedicated financial programme for decommissioning of nuclear facilities and management of radioactive waste.
document COM(2018)467 EN
date January 25, 2021

Contents

Article 1 - Subject matter and scope

1. This Regulation establishes the dedicated financial programme for the decommissioning of nuclear facilities and management of radioactive waste (the ‘Programme’) for the period from 1 January 2021 to 31 December 2027, with the focus on needs identified on a current basis. It shall support:

(a)the safe decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant in Bulgaria and Units 1 and 2 of the Bohunice V1 Nuclear Power Plant in Slovakia, including the management of radioactive waste, in line with the needs identified in the respective decommissioning plan; and

(b)the implementation of the decommissioning process and management of radioactive waste of the Commission’s nuclear installations at the Joint Research Centre (JRC) sites, namely JRC-Geel in Belgium, JRC-Karlsruhe in Germany, JRC-Ispra in Italy and JRC-Petten in the Netherlands.

2. This Regulation 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;

(3)‘Kozloduy programme’ means the part of the Programme that concerns the nuclear decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant, located in Kozloduy, Bulgaria;

(4)‘Bohunice programme’ means the part of the Programme that concerns the nuclear decommissioning of Units 1 and 2 of the Bohunice V1 Nuclear Power Plant, located in Jaslovské Bohunice, Slovakia;

(5)‘JRC decommissioning and waste management programme’ means the part of the Programme that concerns the nuclear decommissioning and radioactive waste management of the Commission’s nuclear installations at the JRC sites, namely JRC-Geel in Belgium, JRC-Karlsruhe in Germany, JRC-Ispra in Italy and JRC-Petten in the Netherlands.

Article 3 - Objectives of the Programme

1. The general objective of the Programme is to provide funding for the decommissioning of nuclear facilities and the management of radioactive waste, in line with the needs identified in the respective decommissioning plan.

2. On the basis of the current needs for the period from 1 January 2021 to 31 December 2027, the Programme, in addition to creating knowledge with regard to the nuclear decommissioning process and the management of radioactive waste resulting from the decommissioning activities, aims in particular to:

(a)assist Bulgaria and Slovakia in implementing the Kozloduy programme and the Bohunice programme respectively, including with regard to the management and storage of radioactive waste in line with the needs identified in the respective decommissioning plan, with specific emphasis on managing the safety challenges in respect thereof; and

(b)support the JRC decommissioning and waste management programme.

3. The specific objectives of the Programme are as follows:

(a)to carry out the activities included in the respective decommissioning plans, the dismantling and decontamination of Units 1 to 4 of the Kozloduy Nuclear Power Plant and Units 1 and 2 of the Bohunice Nuclear Power Plant, including associated systems, structures and components and auxiliary buildings, the safe management of radioactive waste in line with the needs identified in the respective decommissioning plans, and human resources support; and to pursue the release of Units 1 to 4 of the Kozloduy Nuclear Power Plant and Units 1 and 2 of the Bohunice Nuclear Power Plant from regulatory controls;

(b)to support the decommissioning plan and to carry out the activities in accordance with the national law of the host Member State for the dismantling and decontamination of the Commission’s nuclear installations at the JRC sites, to carry out the safe management of associated radioactive waste and, when appropriate, to prepare the optional transfer of the related nuclear liabilities from the JRC to the host Member State;

(c)for the JRC to develop ties and exchanges among Union stakeholders on nuclear decommissioning, with a view to ensuring the dissemination of knowledge and the sharing of experience in all relevant areas, such as research and innovation, regulation and training, and developing potential Union synergies.

The transfer referred to in point (b) of the first subparagraph shall not be imposed on any host Member State and shall be subject to a mutual bilateral agreement concluded between the Commission and the host Member State. That mutual bilateral agreement shall stipulate that all costs of the decommissioning of the Commission’s nuclear installations at the JRC sites and storage of the associated radioactive waste are to be paid by the Union and shall fully comply with Directive 2011/70/Euratom.

4. A detailed description of the specific objectives is set out in Annexes I, II and III. Based on the result of the evaluations carried out in accordance with Article 11, the Commission may amend, by means of implementing acts, Annex I or II, 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 466 000 000 in current prices.

2. The distribution of the amount referred to in paragraph 1 shall be broken down in the following categories of expenditure:

(a)EUR 63 000 000 for activities under the Kozloduy programme;

(b)EUR 55 000 000 for activities under the Bohunice programme;

(c)EUR 348 000 000 for activities under the JRC decommissioning and waste management programme, including activities for accomplishing the specific objective laid down in point (c) of Article 3(3).

3. Budgetary flexibility may be obtained by redistributing funds among the activities under the Programme, after the evaluations carried out in accordance with Article 11 and pursuant to the Financial Regulation, while giving priority to the activities contributing to addressing safety challenges in respect of decommissioning and radioactive waste management.

4. The amount referred to in paragraph 1 may cover expenses related to the activities included in the respective decommissioning plans for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.

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

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. 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 programmes 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.

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

Without prejudice to Article 190(1) of the Financial Regulation, the maximum Union co-financing rate applicable over the period referred to in Article 4(1) of this Regulation shall be no higher than 50 % for the Kozloduy programme and no higher than 50 % for the Bohunice programme. The remaining co-financing shall be provided by Bulgaria and Slovakia respectively. The activities necessary for the dissemination of knowledge referred to in Article 5 of this Regulation shall be funded by the Union at a rate of 100 %.

Article 9 - Work programmes

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

2. The JRC decommissioning and waste management programme shall be implemented by multiannual work programmes and shall be adopted in accordance with the procedure set out in Article 4 of Commission Decision 96/282/Euratom (17).

3. The multiannual work programmes referred to in paragraphs 1 and 2 shall reflect the decommissioning plans that serve as baseline for monitoring and evaluation of the Kozloduy programme and the Bohunice programme.

4. The multiannual work programmes referred to in paragraphs 1 and 2 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 IV.

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 programmes 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.

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 (Euratom) No 1368/2013 is repealed.

Article 16 - Transitional provisions

1. This Regulation shall not affect the continuation of or modification of the activities initiated pursuant to Regulation (Euratom) No 1368/2013, 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 Kozloduy programme and Bohunice programme and the measures adopted pursuant to Regulation (Euratom) No 1368/2013.

3. If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 4(3), 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.