ANNEX 7 of the Commission Implementing Decision on the Annual Action Programme 2013 for Nuclear Safety Cooperation to be financed from the general budget of the European Union Action Fiche for the European Union Contribution to the Chernobyl Shelter Fund 1. IDENTIFICATION Title/Number CSF 2013 European Union Contribution to the Chernobyl Shelter Fund Total cost Total estimated cost: EUR 25.105 million Total amount of EU budget contribution Instrument for Nuclear Safety Cooperation (INSC) Aid method / Method of implementation Project approach: DAC-code 23064 joint management with the European Bank for Reconstruction and Development (EBRD) Sector 2. RATIONALE & CONTEXT 2.1. Summary of the action and its objectives Nuclear Safety This project is the last contribution to the Chernobyl Shelter Fund managed by the EBRD. 2.2. Context Contributions to international donor funds, including the Chernobyl Shelter Fund (CSF) and the Nuclear Safety Account (NSA), are foreseen as important components of the Instrument for Nuclear Safety Cooperation. The Chernobyl Shelter Fund (CSF) is an international fund managed by the European Bank for Reconstruction and Development (EBRD). The Fund was created for the realisation of the Shelter Implementation Plan (SIP1), which includes major projects to remediate the consequences of the 1986 nuclear accident in Chernobyl. Among these, the realisation of the New Safe Confinement (NSC) is the most important. It is currently in the construction phase. 1 The SIP addresses the strategy and plan for the conversion of the existing Chernobyl shelter into a stable and environmentally safe system. It was developed in 1997 by a group of Western and Ukrainian experts and financed by the TACIS Program and the US Department of Energy. The SIP was approved and supported by Ukraine. 1 The SIP addresses the strategy and plan for the conversion of the existing Chernobyl shelter into a stable and environmentally safe system. The SIP was developed in 1997 by a group of Western and Ukrainian experts and financed by the TACIS Program and the US Department of Energy. Approved and supported by Ukraine, the G7 and the EU, the SIP provided the roadmap to the implementation of remedial activities and a basis for financial contributions for its implementation. The CSF was established in 1997 and is managed by the EBRD on behalf of and under the supervision of the Assembly of Contributors. Twenty-three countries and the European Commission are represented in the Assembly. A framework agreement between the EBRD and Ukraine was signed on 20 November 1997 and ratified by the Ukrainian Parliament on 04.02.1998. A Joint Committee was created to manage the project as well as an International Advisory Group (IAG). The European Union is the largest contributor to the CSF. Its contribution amounts to EUR345 million by the end of 2012 in fulfilment of the four pledges: EUR90.5 million (New York, November 1997), EUR100 million (Berlin, July 2000), EUR49.1 million (London, May 2005) and EUR122.105 million (Kiev, April 2011)2. 2.3. Lessons learnt Further to the conclusions of the Court of Auditors audit at the end of 2008, the European Commission took an active role in creating the Chernobyl G8 Nuclear Safety and Security Group (G8 NSSG) - EBRD Contact Group. The Group follows and monitors the major developments with the Chernobyl projects and funding needs, so that the major donors may take well informed decisions. This Group became particularly important in view of the increasing complexity of the technical and financial decisions to be taken during the design and construction phases of the project as well as the funding requirements. The Contact Group has met regularly since the end of 2009 and reports to the G8 NSSG. In order to follow the Chernobyl projects it was further decided to put in place an Independent Monitoring Consultant which will provide the Bank and subsequently major donors with information and conclusions on key cost and schedule independently from project implementation structures. In the initial stage of the assignment the Consultant will also review the quality assurance arrangements in place. The Consultant will start its activity during the first quarter of 2013 and will be funded by Chernobyl Projects Monitoring Account, managed by the EBRD, which is funded mainly by the Commission, on behalf of the EU, and the United States. 2 At the Pledging Conference in Kiev on 19 April 2011 the Commission pledged €110 million on behalf of the EU, according to a previous agreement with the G8 Members. However the total of the pledges by all the donors fell some € 29 million below the €550 million target above which the EBRD would contribute €190 million to cover the totality of the €740 million shortfall of the Chernobyl Funds (CSF and NSA). In order to definitely close the issue of underfunding of the Chernobyl projects and the G8 commitment, a number of G8 members and the Commission agreed to make complementary pledges. In accordance to the historical burden share the Commission agreed to pledge an additional €12.105 million, as a result the 2011 Commission Pledge amounted to €122.105 million in total. 2 2.4. Complementary actions The Fund financed the necessary research and engineering, infrastructure and preparatory works to achieve the SIP objectives, as well as stabilisation measures inside and outside the shelter to minimise the risk of the old structure collapsing, these measures were successfully completed in 2008. The detailed design for the New Safe Confinement is finalised and work on the foundations is complete. Delivery of structural components for the arch started during the first quarter of 2012 and the assembly work has progressed significantly. Other activities at the Chernobyl site include the realisation of an Industrial Complex for Solid Radioactive waste Management (ICSRM), which was financed under the TACIS programme and will provide for treatment, conditioning and safe storage of solid waste deriving from the realisation of the NSC. The completion of the ICSRM was achieved in February 2009. The establishment of other ancillary radioactive waste (radwaste) management facilities were funded under the TACIS programme and the INSC. A Liquid Radioactive waste Treatment Plant (LRTP) and an Interim Storage Facility for spent fuel (ISF 2) are funded by the Nuclear Safety Account (NSA), another multilateral fund, which is also managed by the EBRD. The LRTP is nearing completion and construction phase under the contract with Holtec is underway. The Commission presented a first progress report on the implementation of the CSF in October 19993, a second report in September 20014, a third report in July 20045 and a fourth report in December 20076. 2.5. Donor coordination An Assembly of Contributors monitors the implementation of the CSF. The Commission services are actively involved in the works of the Assembly, on behalf of which the CSF is managed by the EBRD. The G8 NSSG – EBRD Contact Group follows the implementation of the projects, the financial situation and was instrumental in establishing the need for additional funding and the organization of pledges. For the technical aspects of the SIP, the EBRD is supported in fulfilling its role effectively and in accordance with scientific standards by the International Advisory Group (IAG), constituted of twelve experts who provide the highest level of independent technical advice and consultancy. 3 4 5 6 COM(1999)470 of 12.10.1999 COM(2001)251 of 29.05.2001 COM(2004)481 of 14.05.2004 COM(2007)825 of 19.12.2007 3 3. DETAILED DESCRIPTION 3.1. Objectives The objective of the present action is to provide a further contribution of EUR 25.105 million to the Chernobyl Shelter Fund which will be the last instalment of the 2011 pledge. The EU's 2013 contribution was foreseen in the Multiannual Indicative Programme for 2012-2013. 3.2. Expected results and main activities Delays due to the complexity of the project have been experienced. However, the completion date of the NSC remains end of 2015. The present EU contribution is necessary for the continued implementation of the projects funded by the CSF according to the identified needs. The timely transfer of this contribution to the fund will ensure continuity in project implementation with further funds being made available by other donors. 3.3. Risks and assumptions The main risk for the completion of the SIP projects is the availability of sufficient funds, as the contingency has eroded to a level which causes concern. The situation was aggravated by considerable cost increases, particularly for items for which the price could not be precisely defined at the time of the tender for the NSC (provisional sums items), and delays in the approval of licensing packages. The 2011 pledges covered the totality of the identified financial shortfall at the time; as such they constitute the last round of pledges by the international community to the Chernobyl funds. These risks are mitigated by the donor coordination that takes place in the framework of an international fund managed by the European Bank for Reconstruction and Development (EBRD). The Assembly of Contributors plays a crucial role to monitor the timely implementation of the project. Other potential risks to be taken into account include the timely licensing approval, the correct performance of the NSC contractor and a stable institutional framework for the project to be implemented according to the agreed revised cost and schedule. 3.4. Cross-cutting issues The project tasks will contribute to the overall improvement of the living conditions of the population concerned, and to environmental sustainability. It will reduce the current health and environmental risks resulting from the present situation in and around Chenobyl. 3.5. Stakeholders The main stakeholders are the EBRD and the Assembly of Contributors. The beneficiary of this Joint Project is the Ukrainian Government; the end-user is the Chernobyl Nuclear Power Plant. 4 4. IMPLEMENTATION ISSUES 4.1. Financing agreement In order to implement this action, it is not foreseen to conclude a financing agreement with the partner country. 4.2. Indicative operational implementation period The indicative operational implementation period of this action, during which the activities described in sections 3.2 and 4.3 will be carried out, is 12 months, subject to modifications to be agreed by the responsible authorising officer in the relevant agreements. 4.3. Implementation components and modules 4.3.1. Joint management with an international organisation This action with the objective of contributing to the Chernobyl Shelter Funds will be implemented in joint management with the European Bank for Reconstruction and Development for an amount of EUR 25.105 million. This implementation is justified because the EBRD has been entrusted by the international community to manage the necessary mitigation actions dealing with the consequences of the Chernobyl accident. Joint management with this international organisation in accordance with Article 53d of Financial Regulation 1605/2002 is possible because this action is a multi-donor action pooling funds of several donors which are not earmarked for specific expenditure. This organisation is currently undergoing the four-pillar assessment in accordance with Article 53d of the Financial Regulation No 1605/2002. In anticipation of the results of this review, the authorising officer deems that, based on a preliminary evaluation and on the long-standing and problem-free cooperation with this organisation, it can be entrusted with budget-implementation tasks under joint management. The international organisation will continue to manage the Funds covering the costs of the realization of the shelter being currently erected and that will cover the damaged nuclear reactor number 4 at Chernobyl. The change of method of implementation constitutes a substantial change except where the Commission "re-centralises" or reduces the level of budgetimplementation tasks previously entrusted to the international organisation. 4.4. Scope of geographical eligibility for procurement in direct centralised and decentralised management All contracts implementing the action shall be awarded and implemented in accordance with the procedures and standard documents laid down and published by the EBRD. 5 4.5. Indicative budget Module Third party contribution (indicative, where known) 4.3.5. – Joint management with EBRD 25.105 N.A. 4.7. – Evaluation and audit (indicative) N.A. N.A. 4.8. – Communication and visibility (indicative) N.A. N.A. 0 N.A. 25.105 N.A. Contingencies Totals 4.6. Amount in EUR thousands Performance monitoring This project is implemented by the EBRD under the monitoring of the Assembly of Contributors. The G8 NSSG – EBRD Contact Group follows closely the implementation of the SIP as recommended by the Court of Auditors. In addition, the projects will be followed by an Independent Monitoring Consultant which will concentrate, in particular, on the cost and schedule of the projects (see paragraph 2.2 above). 4.7. Evaluation and audit Financial transactions and financial statements shall be subject to the internal and external auditing procedures laid down in the Financial Regulations, rules and directives of the EBRD. 4.8. Communication and visibility The EBRD shall take all appropriate measures to publicise the fact that this project has received funding from the European Union (http://www.ebrd.com/index.htm). In addition, other actions to disseminate results and increase the visibility of the European Union’s action will be implemented in parallel by the European Commission. 6 Such visibility activities will be implemented according to well-defined standards and rules: the Communication and Visibility Manual for European Union External Actions. 7