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Document 52013AP0471
European Parliament legislative resolution of 19 November 2013 on the proposal for a Council regulation on Union support for the nuclear decommissioning assistance programmes in Bulgaria, Lithuania and Slovakia (COM(2011)0783 — C7-0514/2011 — 2011/0363(NLE))
European Parliament legislative resolution of 19 November 2013 on the proposal for a Council regulation on Union support for the nuclear decommissioning assistance programmes in Bulgaria, Lithuania and Slovakia (COM(2011)0783 — C7-0514/2011 — 2011/0363(NLE))
European Parliament legislative resolution of 19 November 2013 on the proposal for a Council regulation on Union support for the nuclear decommissioning assistance programmes in Bulgaria, Lithuania and Slovakia (COM(2011)0783 — C7-0514/2011 — 2011/0363(NLE))
OJ C 436, 24.11.2016, p. 122–139
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.11.2016 |
EN |
Official Journal of the European Union |
C 436/122 |
P7_TA(2013)0471
Nuclear decommissioning assistance programmes in Bulgaria, Lithuania and Slovakia *
European Parliament legislative resolution of 19 November 2013 on the proposal for a Council regulation on Union support for the nuclear decommissioning assistance programmes in Bulgaria, Lithuania and Slovakia (COM(2011)0783 — C7-0514/2011 — 2011/0363(NLE))
(Consultation)
(2016/C 436/26)
The European Parliament,
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having regard to the Commission proposal to the Council (COM(2011)0783), |
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having regard to Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7-0514/2011), |
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having regard to Article 56 of the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and Protocol No 4 thereto, |
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having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
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having regard to Rules 55 and 37 of its Rules of Procedure, |
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having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A7-0119/2013), |
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Approves the Commission proposal as amended; |
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Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty; |
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Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
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Instructs its President to forward its position to the Council and the Commission. |
Amendment 1
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 4 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 4 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 5 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 5 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 5 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 10 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 13 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Article 1
Text proposed by the Commission |
Amendment |
This Regulation establishes the multi-annual Nuclear Decommissioning Assistance Programme 2014 — 2020 (‘the Programme’) laying down rules for the implementation of the Union's financial support for measures connected with the decommissioning of the Kozloduy (units 1 to 4; the Kozloduy Programme), Ignalina (units 1 and 2; the Ignalina Programme) and Bohunice V1 (units 1 and 2; the Bohunice Programme) nuclear power plants. |
This Regulation establishes the multi-annual Nuclear Decommissioning Assistance Programme 2014 — 2020 (‘the Programme’) laying down rules for further implementation of the Union's financial support for measures connected with the irreversible decommissioning of the Kozloduy (units 1 to 4; the Kozloduy Programme), Ignalina (units 1 and 2; the Ignalina Programme) and Bohunice V1 (units 1 and 2; the Bohunice Programme) nuclear power plants. |
Amendment 18
Proposal for a regulation
Article 1 a (new)
Text proposed by the Commission |
Amendment |
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Article 1a |
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Definition |
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For the purposes of this Regulation, decommissioning covers preparatory activities prior to the final shutdown (such as developing a decommissioning plan, preparing the licensing documentation and waste infrastructure projects) and all the activities taking place after the reactors are shut down, i.e. the removal and the final disposal of spent fuel elements, the decontamination, dismantling and/or demolition of the nuclear installations, the disposal of remaining radioactive waste materials and the environmental restoration of the contaminated site. The decommissioning process ends when the installation is released from any regulatory control and radiological restriction. |
Amendment 19
Proposal for a regulation
Article 2 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The general objective of the Programme is to assist the Member States concerned to reach an irreversible state within the decommissioning process of Kozloduy units 1 to 4, Ignalina units 1 and 2 and Bohunice V1 units 1 and 2 nuclear power plants , in accordance with their respective decommissioning plans, while keeping the highest level of safety. |
1. The general objective of the Programme is to assist the Member States concerned to implement a steady process towards the irreversible decommissioning end state of Kozloduy units 1 to 4, Ignalina units 1 and 2 and Bohunice V1 units 1 and 2 nuclear power plants, while maintaining the highest level of safety in accordance with Union law on nuclear safety and in particular Council Directives 96/29/Euratom (1) , 2009/71/Euratom (2) and 2011/70/Euratom (3) . |
Amendment 20
Proposal for a regulation
Article 2 — paragraph 2 — point a — point iii
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Article 2 — paragraph 2 — point b — point iii
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Article 2 — paragraph 2 — point c — point iii
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Article 2 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Any of the decommissioning programmes referred to in paragraph 2 may also include measures to maintain the requisite high level of shutdown safety at the nuclear power plants. |
Amendment 24
Proposal for a regulation
Article 2 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Milestones and target end dates shall be defined in the act as referred to under Article 6(2). |
3. The milestones , expected general results, target end dates and performance indicators of the joint annual work programme shall be defined in the act as referred to under Article 6(2). |
Amendment 42
Proposal for a regulation
Article 3 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. The financial envelope for the implementation of the Programme for the period 2014 to 2020 shall be EUR 552 947 000 in current prices. |
1. The financial envelope for the implementation of the Programme for the period 2014 to 2020 shall be EUR 969 260 000 in current prices. |
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That amount shall be distributed among the Kozloduy, Ignalina and Bohunice Programmes as follows: |
That amount shall be distributed among the Kozloduy, Ignalina and Bohunice Programmes as follows: |
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1a. The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework and without prejudice to the provisions of the Interinstitutional Agreement of … 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4) . |
Amendment 26
Proposal for a regulation
Article 3 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission will review the performance of the Programme and assess the progress of the Kozloduy, Ignalina and Bohunice Programmes against the milestones and target dates referred to in Art 2.3 by the end of 2015 within the framework of the interim evaluation referred to in Art. 8. Based on the results of this assessment, the Commission may review the amount of the appropriations allocated to the Programme, as well as the programming period and distribution amongst the Kozloduy, Ignalina and Bohunice Programmes. |
2. On the basis of the programmes referred to in Article 6(1) and (2), the Commission will review the performance of the Programme and assess the progress of the Kozloduy, Ignalina and Bohunice Programmes against the milestones and target dates referred to in Article 2(3) by the end of 2017 within the framework of the interim evaluation referred to in Article 8. Based on the results of this assessment and to take account of the progress achieved and to ensure that resources continue to be allocated on the basis of actual needs , the Commission shall if appropriate review the amount of the appropriations allocated to the Programme, as well as the programming period and distribution amongst the Kozloduy, Ignalina and Bohunice Programmes. Any adjustment of the appropriations shall not jeopardise safety standards at the nuclear power plants referred to in Article 1 . |
Amendment 27
Proposal for a regulation
Article 3 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The financial allocation for the Kozloduy, Ignalina and Bohunice Programmes may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the programme and the achievement of its objectives; in particular, studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the European Union as far as they are related to the general objectives of this Regulation , expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the programme. |
3. The financial allocation for the Kozloduy, Ignalina and Bohunice Programmes may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the programme and the achievement of its objectives; in particular, studies, meetings of experts, training, information and communication actions, including corporate communication of the political priorities of the European Union as far as they are related to the general objectives of this Regulation . Expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the programme may also be covered . |
The financial allocation may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Council Regulation (EC) 1990/2006, Regulation (Euratom) No 549/2007 and Council Regulation (Euratom) 647/2010. |
The financial allocation may also cover the technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Council Regulation (EC) No 1990/2006, Regulation (Euratom) No 549/2007 and Council Regulation (Euratom) No 647/2010. The financial allocation shall not cover any measures other than those referred to in this Article and Article 2 of this Regulation. |
Amendment 28
Proposal for a regulation
Article 3 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Every effort shall be made to continue the co-financing practice established as part of pre-accession assistance and the assistance given over the period 2007-2013 for decommissioning efforts of Bulgaria, Lithuania and Slovakia as well as to attract co-financing from other sources as appropriate. |
Amendment 29
Proposal for a regulation
Article 3 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. Disagreements over the interpretation of the Treaties and the award of contracts shall be subject to judicial review or the latter shall be submitted to an arbitration procedure. |
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Resultant delays in construction may lead to the postponement of payment and reductions in the financial allocation. A report on this issue shall be submitted by the Commission as part of the annual evaluation report referred to in Article 6(1a), to the European Parliament and to the Council. |
Amendment 30
Proposal for a regulation
Article 4
Text proposed by the Commission |
Amendment |
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1. By 1 January 2014 Bulgaria, Lithuania and Slovakia shall fulfil the following ex ante conditionalities: |
1. By 1 January 2014 Bulgaria, Lithuania and Slovakia shall take the appropriate measures to ensure that they fulfil the following ex ante conditionalities: |
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1a. By 1 January 2014 Bulgaria, Lithuania and Slovakia shall provide the Commission with the information on their fulfilment of the ex ante conditionalities referred to in paragraph 1. |
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2. The Commission shall assess the information provided on the fulfilment of the ex ante conditionalities when preparing the 2014 annual work programme as referred to in Article 6 (1). It may decide, when adopting the annual work programme, to suspend all or part of the Union financial assistance pending the satisfactory completion of the ex ante conditionalities. |
2. The Commission shall assess the information provided on the fulfilment of the ex ante conditionalities when preparing the 2014 annual work programme as referred to in Article 6(1), in particular that critical managerial, legal, financial and technical problems have been resolved or measures have been taken to solve them . If there is a reasoned opinion by the Commission in respect of an infringement for non-compliance with the conditionality referred to in point (a) of paragraph 1 of this Article or if the conditionalities referred to in point (b) or (c) of paragraph 1 of this Article are not fulfilled satisfactorily, the Commission may decide to suspend all or part of the Union financial assistance pending the satisfactory completion of the ex ante conditionalities. |
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Such decisions shall be reflected in the adoption of the annual work programme and shall not jeopardise safety standards at the nuclear power plants referred to in Article 1 . The amount of suspended assistance shall be established in accordance with criteria set out in the acts referred to in Article 6(2) . |
Amendment 31
Proposal for a regulation
Article 6
Text proposed by the Commission |
Amendment |
1. The Commission shall adopt one joint annual work programme for Kozloduy, Ignalina and Bohunice Programmes specifying the objectives, expected results, related indicators and timeline for the use of funds under each annual financial commitment. |
1. At the beginning of each year of the 2014-2020 period, the Commission shall adopt one joint annual work programme for the Kozloduy, Ignalina and Bohunice Programmes respectively specifying the objectives, expected results, target end dates, related performance indicators and timeline for the use of funds under each annual financial commitment. |
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1a. At the end of each year of the 2014-2020 period, the Commission shall submit an evaluation report on the implementation of the joint annual work programmes to the European Parliament and the Council. That report shall serve as a basis for the adoption of subsequent annual work programmes. |
2. The Commission shall adopt not later than 31 December 2014, detailed implementation procedures for the duration of the Programme. The act setting out the implementation procedures shall also define in more detail for the Kozloduy, Ignalina and Bohunice Programmes the expected results, activities and the corresponding performance indicators . It will contain the revised detailed decommissioning plans as referred to under Article 4(1)(c) that shall serve as baseline for the monitoring of the progress and the timely achievement of the expected results. |
2. The Commission shall adopt not later than 31 December 2014, detailed implementation procedures for the duration of the Programme . Those implementing acts setting out the implementation procedures shall also define in more detail the elements referred to in paragraph 1 of this Article for the Kozloduy, Ignalina and Bohunice Programmes. It will contain the revised detailed decommissioning plans as referred to in Article 4(1)(c) that shall serve as baseline for the monitoring of the progress and the timely achievement of the expected results. |
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2a. The Commission shall ensure the implementation of this Regulation. It shall carry out an interim evaluation, as provided for in Article 8(1). |
3. The annual work programmes and the acts setting out the implementation procedures referred to in paragraph 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 9(2). |
3. The annual work programmes and the acts setting out the implementation procedures referred to in paragraph 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 9(2). |
Amendment 32
Proposal for a regulation
Article 7 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. By 31 March of the year following each accounting year, the Member States concerned shall report on the use of the financial allocations. Those reports, certified by national audit bodies, shall be sent to the Commission and the Council to be incorporated into the discharge procedure of the annual budget of the Union. |
Amendment 33
Proposal for a regulation
Article 7 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
2. The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds. |
2. The Commission or its representatives , the national audit bodies of the Member States in which the nuclear power plants to be decommissioned are situated and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme. The results of the audits shall be communicated to the European Parliament. |
Amendment 34
Proposal for a regulation
Article 7 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding. |
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding. The results of the checks and inspections shall be communicated to the European Parliament. |
Amendment 35
Proposal for a regulation
Article 7 — paragraph 2 — subparagraph 3
Text proposed by the Commission |
Amendment |
Without prejudice to the first and second sub-paragraphs, cooperation agreements with third countries and international organisations and grant agreements and grant decisions and contracts resulting from the implementation of this Regulation shall expressly empower the Commission, the Court of Auditors and OLAF to conduct such audits, on-the-spot checks and inspections. |
Without prejudice to the first and second sub-paragraphs, cooperation agreements with third countries and international organisations and grant agreements and grant decisions and contracts resulting from the implementation of this Regulation shall expressly empower the Commission, the Court of Auditors and OLAF to conduct audits, on-the-spot checks and inspections and shall ensure that the results thereof are communicated to the European Parliament . |
Amendment 36
Proposal for a regulation
Article 8
Text proposed by the Commission |
Amendment |
Evaluation |
Interim evaluation |
1. No later than end 2015, an evaluation report shall be established by the Commission on the achievement of the objectives of all the measures, at the level of results and impacts, the efficiency of the use of resources and its Union added value, in view of a decision amending or suspending the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives. It shall take into account evaluation results on the long-term impact of the predecessor measures. |
1. No later than end 2017, an interim evaluation report shall be established by the Commission , in close cooperation with the Member States concerned and the beneficiaries, on the achievement of the objectives of all the measures, at the level of results and impacts, the efficiency of the use of resources and its Union added value and the effectiveness of the programme management, including management of Union funds, in view of a decision amending or suspending the measures. On the basis of the results of that evaluation, the Commission may review the appropriateness of the appropriations allocated to the Programme and their distribution amongst the Kozloduy, Ignalina and Bohunice Programmes, in agreement with the Union's budgetary authorities and in accordance with Regulation (EU) No …/2013 [laying down the multiannual financial framework for the years 2014-2020]. The interim evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives. It shall take into account evaluation results on the long-term impact of the predecessor measures. |
2. The Commission shall carry out ex-post evaluation in close cooperation with the Member States and beneficiaries. The ex-post evaluation shall examine the effectiveness and efficiency of the Programme and its impact on decommissioning. |
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3. Evaluations shall take account of progress against performance indicators as referred to in Article 2(2). |
3. The interim evaluation shall take account of progress against performance indicators as referred to in Article 2(2) and fulfilment of requirements set out in the decommissioning plan referred to in point (c) of Article 4(1) . |
4. The Commission shall communicate the conclusions of these evaluations to the European Parliament and the Council. |
4. The Commission shall submit the conclusions of these evaluations to the European Parliament and the Council. |
Amendment 37
Proposal for a regulation
Article 8 a (new)
Text proposed by the Commission |
Amendment |
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Article 8a |
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Final Evaluation for the period 2014-2020 |
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1. The Commission shall carry out an ex-post evaluation in close cooperation with the beneficiaries. The ex-post evaluation shall examine the effectiveness and efficiency of the Programme and its impact on decommissioning. |
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2. Before 31 December 2020, the Commission shall establish, in close cooperation with the Member States concerned and the beneficiaries, a final evaluation report on the effectiveness and efficiency of the Programme, as well as the effectiveness of financed measures in terms of impacts, use of resources and Union added value, using appropriate qualitative and quantitative indicators. The evaluation report shall identify whether further Union financial assistance is needed under the next multiannual financial framework. |
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3. The final evaluation shall take account of progress against performance indicators as referred to in Article 2(2). |
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4. The Commission shall communicate the conclusions of the final evaluation to the European Parliament and the Council. |
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5. The Commission shall take into account the various decommissioning expertise and strategies employed by Bulgaria. Lithuania and Slovakia, to explore possible ways of harmonising approaches to decommissioning in the Union in order to ensure timely build-up of the necessary knowledge in order to improve the competiveness of the Union nuclear industry in that domain. |
(1) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1).
(2) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18).
(3) Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).
(4) OJ …