REPORT on the proposal for a Council regulation establishing the nuclear decommissioning assistance programme of the Ignalina nuclear power plant in Lithuania (Ignalina programme); and repealing Council Regulation (EU) No 1369/2013

Text proposed by the Commission

Amendment

(1)  In accordance with Protocol No 4 of the 2003 Act of Accession on the Ignalina nuclear power plant¹ Lithuania committed itself to the closure of Unit 1 and Unit 2 of the Ignalina nuclear power plant by 31 December 2004 and 31 December 2009 respectively, and to the subsequent decommissioning of those units.

(1)  In accordance with Protocol No 4 of the 2003 Act of Accession on the Ignalina nuclear power plant¹ Lithuania committed itself to the closure of Unit 1 and Unit 2 of the Ignalina nuclear power plant by 31 December 2004 and 31 December 2009 respectively, and to the subsequent decommissioning of those units. Protocol No 4 remains the legal basis of the Ignalina Programme.

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¹ OJ L 236, 23.9.2003, p. 944.

¹ OJ L 236, 23.9.2003, p. 944.

Text proposed by the Commission

Amendment

(2)  In line with its obligations under the Act of Accession and with Union assistance, Lithuania shut down the two units within the respective deadlines and made significant progress towards their decommissioning. Further work is necessary in order to continue the decrease of the level of radiological hazard. Based on the available estimates, additional financial resources are required for this purpose post 2020.

(2)  In line with its obligations under the Act of Accession and with Union assistance, Lithuania shut down the two units within the respective deadlines and made significant progress towards their decommissioning. Further work is necessary in order to continue the decrease of the level of radiological hazard. Based on the available estimates and the planned final closure date in 2038, substantial additional financial resources are required for this purpose post 2020. To allow for completion of the decommissioning plan by 2038, the financial gap of EUR 1 548 million will need to be addressed.

Text proposed by the Commission

Amendment

(3)  The activities covered by this Regulation should comply with applicable Union and national law. The decommissioning of the nuclear power plant covered by this Regulation should be carried out in accordance with the legislation on nuclear safety, namely Council Directive 2009/71/Euratom⁽¹⁾ and waste management, namely Council Directive 2011/70/Euratom⁽²⁾. The ultimate responsibility for nuclear safety and for the safety of spent fuel and radioactive waste management remains with Lithuania.

(3)  The activities covered by this Regulation should comply with applicable Union and national law. The decommissioning of the nuclear power plant covered by this Regulation should be carried out in accordance with the legislation on nuclear safety, namely Council Directive 2009/71/Euratom⁽¹⁾ and waste management, namely Council Directive 2011/70/Euratom⁽²⁾. The ultimate responsibility for nuclear safety and for the safety of spent fuel and radioactive waste management remains with Lithuania. However, Directive 2011/70/Euratom allows for the Union’s contribution to a broad range of decomissioning projects, including storage and disposal of spent fuel and radioactive waste. While Directive 2011/70/Euratom states that the cost of the management of spent fuel and radioactive waste shall be borne by those who generated those materials, that provision cannot be applied retroactively to Lithuania, which closed the Ignalina nuclear power plant before the adoption of that Directive and thus was not in a position to accumulate sufficient funds for the storage and disposal of spent fuel and radioactive waste.

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¹ 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).

¹ 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).

² 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).

² 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).

Text proposed by the Commission

Amendment

(4)  Recognising that the premature shutdown and consequent decommissioning of the Ignalina nuclear power plant with two 1 500 MW RBMK type reactor units inherited from the Soviet Union was of an unprecedented nature and represented for Lithuania an exceptional financial burden not commensurate with the size and economic strength of the country, Protocol No 4 stated that the Union assistance under the Ignalina programme is to be seamlessly continued and extended beyond 2006, for the period of the next Financial Perspectives.

(4)  Recognising that the premature shutdown and consequent decommissioning of the Ignalina nuclear power plant with two 1 500 MW RBMK type (graphite moderated, channel-type) reactor units – similar to those used in Chernobyl – inherited from the Soviet Union was of an unprecedented nature, given that there have been no cases in practice anywhere in the world of a reactor of a similar design being dismantled, and represented for Lithuania an exceptional financial burden not commensurate with the size and economic strength of the country, Protocol No 4 stated that the Union assistance under the Ignalina programme is to be seamlessly continued and extended beyond 2006, for the period of the next Financial Perspectives until the final closure date which is currently planned for 2038.

Text proposed by the Commission

Amendment

(10)  The Programme should also ensure dissemination of knowledge gained from the Programme to all Member States, in coordination and synergy with the other relevant Union programme for decommissioning activities in Bulgaria, Slovakia and the Commission's Joint Research Centre; as such measures bring the greatest Union added value.

(10)  The Programme should also ensure dissemination of knowledge gained from the Programme to all Member States, in coordination and synergy with the other relevant Union programme for decommissioning activities in Bulgaria, Slovakia and the Commission's Joint Research Centre. In order for those measures to bring the greatest Union added value, the funding for dissemination of knowledge should not be part of the funding for decommissioning works, but should come from other financial sources of the Union.

Text proposed by the Commission

Amendment

(11)  The decommissioning of the Ignalina nuclear power plant should be carried out with recourse to the best available technical expertise, and with due regard to the nature and technological specifications of the installations to be decommissioned, in order to ensure safety and the highest possible efficiency, thus taking into account international best practices.

(11)  The decommissioning of the Ignalina nuclear power plant should be carried out with recourse to the best available technical expertise, and with due regard to the nature and technological specifications of the installations to be decommissioned, in order to ensure safety and the highest possible efficiency, thus taking into account international best practices and ensuring competitive salaries for qualified personnel.

Text proposed by the Commission

Amendment

(12)  An effective monitoring and control of the evolution of the decommissioning process should be ensured by the Commission and Lithuania in order to assure the highest Union added value of the funding allocated under this Regulation, although the ultimate responsibility for the decommissioning rests with Lithuania. This includes effective measurement of progress and performance, and the enacting of corrective measures where necessary.

(12)  An effective monitoring and control of the evolution of the decommissioning process should be ensured by the Commission and Lithuania in order to assure the highest Union added value of the funding allocated under this Regulation. This includes effective monitoring of progress and performance and, where necessary, the enacting of corrective measures together with Lithuania and the Union.

Text proposed by the Commission

Amendment

(16)  The programme should be conducted with a joint financial effort of the Union and Lithuania. A maximum Union co-financing threshold should be established in line with the co-financing practice established under the predecessor programmes. Taking into account the practice of comparable Union programmes and the strengthened Lithuanian economy, from the inception of the Ignalina decommissioning programme until the end of the implementation of the activities financed under this Regulation, the Union co-financing rate should be no higher than 80 % of eligible costs. The remaining co-financing should be provided by Lithuania and sources other than the Union budget, notably from international financial institutions and other donors.

(16)  The programme should be conducted with a joint financial effort of the Union and Lithuania. Protocol 4 of the 2003 Act of Accession stipulates that the Union contribution under the Ignalina Programme may, for certain measures, amount to up to 100 % of total expenditure. A Union co-financing threshold should be established in line with the co-financing practice established under the predecessor programmes. Taking into account the findings of the 2018 Commission report on the evaluation and implementation of the EU nuclear decommissioning assistance programmes in Bulgaria, Slovakia and Lithuania and the political commitment by Lithuania to contribute 14 % of the overall decommissioning cost, the Union co-financing rate, from the inception of the Ignalina decommissioning programme until the end of the implementation of the activities financed under this Regulation, should be 86 % of eligible costs. The remaining co-financing should be provided by Lithuania and sources other than the Union budget. Efforts to attract funding from other sources, notably from international financial institutions and other donors, should be made.

Text proposed by the Commission

Amendment

(16a)  Outside the scope of the Ignalina Programme, Lithuania continues to be ultimately responsible for developing and investing in the Ignalina region which is characterised by low incomes and the country’s highest unemployment rates, mainly due to the closure of the Ignalina nuclear power plant as the region’s largest employer

Text proposed by the Commission

Amendment

(19)  The Programme falls within the scope of the Lithuanian National Programme under the Council Directive 2011/70/Euratom.

(19)  The Programme falls within the scope of the Lithuanian National Programme under the Council Directive 2011/70/Euratom and may contribute to its implementation without prejudice to this Directive.

Text proposed by the Commission

Amendment

(23 a)  For historical reasons, Union financial support in decommissioning the Ignalina nuclear reactor is fully justified, but the programme should not set a precedent for the use of Union funds in the decommissioning of other nuclear reactors. It should be an ethical obligation for each Member State to avoid any undue burden on future generations in respect of spent fuel and radioactive waste, including any radioactive waste expected from decommissioning of existing nuclear installations. National policies have to be based on the ‘polluter pays’ principle.

Text proposed by the Commission

Amendment

(23 b)  Commission Recommendation 2006/851/Euratom indicates that in accordance with the ‘polluter pays’ principle, nuclear operators should set aside adequate financial resources during the productive life of the installations for the future decommissioning costs.

Text proposed by the Commission

Amendment

1.  The general objective of the Programme is to assist Lithuania in implementing Ignalina nuclear power plant decommissioning, with specific emphasis on managing the radiological safety challenges of the decommissioning of the Ignalina nuclear power plant, whilst ensuring broad dissemination to all EU Member States of knowledge thereby generated on nuclear decommissioning.

1.  The general objective of the Programme is to adequately assist Lithuania in safely implementing Ignalina nuclear power plant decommissioning, with specific emphasis on managing the radiological safety challenges of the decommissioning of the Ignalina nuclear power plant, including ensuring safety of the interim spent fuel storage.

Text proposed by the Commission

Amendment

2.  The Programme has the specific objective to carry out the dismantling and decontamination of the Ignalina equipment and reactor shafts in accordance with the decommissioning plan, continue with the safe management of the decommissioning and legacy waste and disseminate the generated knowledge among EU stakeholders.

2.  The Programme has the main objective to carry out the dismantling and decontamination of the Ignalina equipment and reactor shafts in accordance with the decommissioning plan and to continue with the safe management of the decommissioning and legacy waste.

Text proposed by the Commission

Amendment

2 a.  The Programme also has the complementary objective to ensure broad dissemination in all Member States of the generated knowledge on nuclear decommissioning. The complementary objective shall be funded by the financial assistance programme for decommissioning of nuclear facilities and management of radioactive waste (COM (2018)467).

Text proposed by the Commission

Amendment

3.  The detailed description of the specific objective is set out in the Annex I. The Commission may modify, by means of implementing acts, the Annex I, in accordance with the examination procedure referred to in Article 12(2).

3.  The detailed description of the main objective is set out in the Annex I.

Text proposed by the Commission

Amendment

1.  The financial envelope for the implementation of the Programme for the period 2021 - 2027 shall be EUR 552 000 000 in current prices.

1.  The financial envelope for the implementation of the Programme for the period 2021 - 2027 shall be EUR 780 000 000 in current prices for the implementation of the main objective of the programme (decommissioning activities).

Text proposed by the Commission

Amendment

The overall maximum Union co-financing rate applicable under the Programme shall be no higher than 80%. The remaining financing shall be provided by Lithuania and additional sources other than the Union budget.

The overall Union co-financing rate applicable under the Programme shall be 86 %. The remaining financing shall be provided by Lithuania and additional sources other than the Union budget.

Text proposed by the Commission

Amendment

4.  Key radiological safety challenges in the financing period 2021-2027 are tackled through activities under items P.1, P.2 and P.4. In particular the dismantling of the reactors' cores is covered under item P.2. Lesser challenges are tackled under item P.3, while items P.0 and P.5 cover decommissioning support activities.

4.  Key radiological safety challenges in the financing period 2021-2027 are tackled through activities under items P.1, P.2, P.3 and P.4. In particular the dismantling of the reactors' cores is covered under item P.2. Items P.0 and P.5 cover decommissioning support activities.

Text proposed by the Commission

Amendment

7.  The disposal of spent fuel and radioactive waste in a deep geological repository is excluded from the scope of the Programme, and has to be developed by Lithuania in its national programme for the management of spent fuel and radioactive waste as required by Council Directive 2011/70/Euratom.

7.  While the disposal of spent fuel and radioactive waste in a deep geological repository is excluded from the scope of the Programme in the period of 2021-2027, Lithuania and the Union shall begin, in due time, consultations regarding the potential inclusion of those activities in the scope of the Programme under the subsequent Multiannual Financial Framework.