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(1) In line with the Rome Declaration of the Leaders of 27 Member States and of the European Council, the European Parliament and the European Commission of 25 March 2017, the Union budget should enable a safe and secure Europe. Nuclear decommissioning programmes have already contributed in this respect and can further contribute. After the shutdown of a nuclear facility, the main positive impact to be achieved is the progressive reduction of radiological risk for the workers, the public and the environment in the Member States concerned as well as in the Union as a whole.

(2) A dedicated financial programme can bring additional EU added value by becoming a benchmark within the Union for the safe management of technological issues in nuclear decommissioning and the dissemination of knowledge. Financial assistance under such a financial programme should be provided on the basis of an ex ante evaluation identifying the specific needs and demonstrating the EU added value, with the aim of supporting the decommissioning of nuclear facilities and the safe management of radioactive waste.

(3) The activities covered by this Regulation should comply with applicable Union and national law. Financial assistance under this Regulation should remain exceptional, without prejudice to the principles and objectives stemming from Union law on nuclear safety, namely Council Directive 2009/71/Euratom , and waste management, namely Council Directive 2011/70/Euratom . Pursuant to Articles 4(1) and 7(1) of Directive 2011/70/Euratom, the ultimate responsibility for the safe management of the spent fuel and radioactive waste generated remains with the Member States.

(4) In accordance with the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union annexed to the Treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union (‘Treaty of Accession’), Bulgaria committed to the closure of Units 1 and 2 and 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. The decommissioning has resulted in a significant financial burden of direct and indirect cost for Bulgaria. In line with its obligations, Bulgaria shut down all units concerned within the respective deadlines.

(5) In accordance with Protocol No 9 on unit 1 and unit 2 of the Bohunice V1 nuclear power plant in Slovakia attached to the Act concerning the conditions 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 the adjustments to the Treaties on which the European Union is founded (‘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 31 December 2008 respectively, and to the subsequent decommissioning of those units. The decommissioning has resulted in a significant financial burden of direct and indirect cost for Slovakia. In line with its obligations, Slovakia shut down all units concerned within the respective deadlines.

(6) In line with their obligations under, respectively, the Treaty of Accession and the Act of Accession, and with Union assistance, Bulgaria and Slovakia have made significant progress towards the decommissioning of the Kozloduy and Bohunice V1 nuclear power plants. Further work is necessary in order to safely achieve the decommissioning end state. Based on the current decommissioning plans, the decommissioning work is scheduled to be completed by the end of 2030 for Kozloduy Nuclear Power Plant and by 2025 for the Bohunice V1 Nuclear Power Plant.

(7) The Joint Research Centre (‘JRC’) of the European Commission was established by Article 8 of the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’). In application of that Article, site agreements were signed during the period 1960-1962 between the Community, Germany, Belgium, Italy and the Netherlands. In the cases of Italy and the Netherlands, national nuclear installations were transferred to the Community. An infrastructure geared to nuclear research and comprising new installations was put in place at the four sites. Some of those installations are still in use today, while others have been shut down, in some instances more than 20 years ago, and have mostly become obsolete.

(8) On the basis of Article 8 of the Euratom Treaty, and pursuant to Article 7 of Directive 2011/70/Euratom, the JRC, as a licence holder, is to manage its historical nuclear liabilities and decommission its nuclear installations that have been shut down in accordance with the relevant national legislation. Accordingly, the Nuclear Decommissioning and Waste Management Programme at the JRC was launched in 1999 with a communication to the European Parliament and the Council, and since then the Commission has provided regular updates on the progress of that programme.

(9) The Commission has concluded that the best option to satisfy requirements stemming from point (f) of Article 5(1) and Article 7 of Directive 2011/70/Euratom is to pursue a strategy combining decommissioning and waste management activities while initiating the discussions between the JRC and host Member States regarding a potential transfer of the decommissioning and spent fuel and radioactive waste management liabilities in the case of mutual agreements between the Commission and the host Member States. The JRC should provide for and maintain adequate resources to fulfil its obligations with respect to decommissioning and the safety of spent fuel and radioactive waste management.

(10) This Regulation responds to the needs identified for the Multiannual Financial Framework for the period from 1 January 2021 to 31 December 2027 and lays down a financial envelope for the entire duration of the nuclear decommissioning assistance programmes of Units 1 to 4 of the Kozloduy Nuclear Power Plant in Bulgaria (‘Kozloduy programme’) and Units 1 and 2 of the Bohunice V1 Nuclear Power Plant in Slovakia (‘Bohunice programme’), and for the decommissioning and spent fuel 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 (‘JRC decommissioning and waste management programme’). That financial envelope is to constitute the prime reference amount within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management for the European Parliament and the Council during the annual budgetary procedure.

(11) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (the ‘Financial Regulation’) applies to the dedicated financial programme for the decommissioning of nuclear facilities and the management of radioactive waste (the ‘Programme’). The Financial Regulation lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts.