Link to the study - European Parliament - Europa

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Policy Department D: Budgetary Affairs ____________________________________________________________________________________________ Information Sheet. The Bank can only enter into a Grant Agreement with the recipient once the Assembly has approved the allocation of funds for the purpose. Any material change to scope or cost also requires Assembly approval. The Assemblies typically meet twice a year but can be convened whenever required. The Bank as Fund Manager The Bank serves as Secretariat to the Assemblies. In this function it provides: information on project progress, project proposals and action plans in the Work Programs; financial information in the Annual Financial Report; and information on the Bank’s Administrative Budget. In addition, the Bank presents all relevant information at the Assembly meetings, and minutes its deliberations. It also informs the Assembly about relevant developments via ad hoc communications to the Assembly. The other part of the Fund Manager’s responsibilities concerns the overseeing of program and project implementation described below. The Bank accepted to manage the three Funds as a service to major shareholders to the Bank led by the EC and to the Bank’s countries of operation, recognizing that the safe and secure decommissioning of their first-generation nuclear plants and associated challenges to their energy sectors represented significant transitional challenges in line with the Bank’s mandate. The Bank provides its services at cost. It does not charge any fees and makes no profit. Each year, the Assembly approves the administrative budget for the following year, although only costs actually incurred are charged to the Funds. Administrative costs of some 23 million EUR for the three Funds, since their inception, represent around 1 % of available funds (contributions plus interest income). Cash held by the Bank which is not immediately required for project purposes is placed in the Bank’s deposits on the basis of guidelines approved by the Assembly. Interest income from these placements is paid back to the Funds in full. Cumulative income on liquid assets amounts to almost 100 million EUR. Net income, minus administrative costs, is therefore in the order of 75 million EUR. The operations of the Bank as Fund Manager have been the subject of a number of external performance and financial audits, as well as an internal audit, none of which found any serious performance, system or quality control deficiencies. Relations between EC and EBRD The EC and the EBRD have been working closely together since the inception of the Funds during the accession negotiations with Bulgaria, Lithuania and the Slovak Republic. The EC, as by far the largest donor, has chaired the Assembly from the beginning. The Secretariat obviously has a particular close working relationship with the Chairmen and their staff. In addition, the Bank recognizes the particular role of the EC in these Funds, to which it provides significant contributions (overall more than 2 billion EUR to date) representing more than 95 % of all contributions. Bilateral co-operation ranges from informal day-to-day exchanges of information to formal meetings of the Joint Steering Committees. The Bank keeps the EC informed of any relevant developments in the programs, supports the EC in its missions to the recipient countries, and supports any specific requirements the EC may have (reports to the European Parliament, audits by the European Court of Auditors, OLAF and others). The EC and the EBRD hold regular meetings ahead of Assembly meetings 194

Nuclear Decommissioning: Management of Costs and Risks ____________________________________________________________________________________________ to discuss any issues that may arise. The Bank accommodates its schedules to allow for documents to be distributed to the EC’s member state consultation body (NDAP). The Bank participates in NDAP meetings and, where relevant, in monitoring meetings of the Lithuanian projects implemented through the national channel. The EC, EBRD and Governments of the recipient countries have established a Joint Steering Committee (JSC) for each of the Decommissioning Programs. The JSCs provide a forum to discuss at a high level any issues affecting the programs and to coordinate actions on various levels. Other donors, by now all EU member states, made contributions at the beginning of the programs. Only the EC has been making continuous payments. This may justify a review of governance structures which may lead to transfer to the EC of the Assembly’s role in the formal decision making process while keeping other donors involved either through Assemblies or through the NDAP mechanism. EBRD’s approach to program management While it is important to stress that recipients (NPPs, Decommissioning Agencies and other entities) have full ownership and responsibility for the decommissioning programs and individual projects, it is also true that the Bank oversees these in a very hands-on way to ensure that donor funds are spent efficiently for the intended purpose. A key element in the overseeing of these donor programs is close co-operation with the authorities in the recipient countries. Governments are important partners, as they have made the relevant political commitments - including for the closure of the old NPPs - for the creation of the necessary institutional framework, typically as owners of the recipient organizations and as partners in cofinancing agreements. Co-operation with authorities is based on Framework Agreements which the Bank has signed with the three recipient countries. These are international treaties which set out the ground rules for implementation of the decommissioning support programs, such as provisions for tax exemption and indemnification, but also undertakings for the government to support project implementation. Framework Agreements establish the principle that projects will be funded on the basis of Grant Agreements between Bank and recipient and that projects will be managed by a dedicated Project Management Unit (PMU). Framework Agreements also stipulate that the Bank and the Recipient country establish a mechanism to regularly review at a senior level progress and solutions to possible obstacles. This can be done through regular contacts and the formal establishment of Joint Committees. In the case of Bulgaria and Lithuania, the Bank and the respective governments have had an understanding that formal meetings were not required as the regular contacts served the purpose. Grant Agreements with recipient organizations set out the purpose and the conditions on which grant funds can be made available. They also detail the obligations and resources to be provided by the recipient and reiterate the obligations in the Framework Agreement (such as the requirement to employ a PMU) and from the Fund Rules (such as the obligation to follow the Bank’s Procurement Policies and Rules 3 ). Project Management Units for the decommissioning programs are intended to be an integral part of the recipient’s organization and should be composed of recipient personnel and of staff provided by 195

Policy Department D: Budgetary Affairs<br />

____________________________________________________________________________________________<br />

Information Sheet. The Bank can only enter in<strong>to</strong> a Grant Agreement with <strong>the</strong> recipient once <strong>the</strong><br />

Assembly has approved <strong>the</strong> allocation of funds for <strong>the</strong> purpose. Any material change <strong>to</strong> scope or cost<br />

also requires Assembly approval.<br />

The Assemblies typically meet twice a year but can be convened whenever required.<br />

The Bank as Fund Manager<br />

The Bank serves as Secretariat <strong>to</strong> <strong>the</strong> Assemblies. In this function it provides: information on project<br />

progress, project proposals and action plans in <strong>the</strong> Work Programs; financial information in <strong>the</strong><br />

Annual Financial Report; and information on <strong>the</strong> Bank’s Administrative Budget. In addition, <strong>the</strong> Bank<br />

presents all relevant information at <strong>the</strong> Assembly meetings, and minutes its deliberations. It also<br />

informs <strong>the</strong> Assembly about relevant developments via ad hoc communications <strong>to</strong> <strong>the</strong> Assembly.<br />

The o<strong>the</strong>r part of <strong>the</strong> Fund Manager’s responsibilities concerns <strong>the</strong> overseeing of program and<br />

project implementation described below.<br />

The Bank accepted <strong>to</strong> manage <strong>the</strong> three Funds as a service <strong>to</strong> major shareholders <strong>to</strong> <strong>the</strong> Bank led by<br />

<strong>the</strong> EC and <strong>to</strong> <strong>the</strong> Bank’s countries of operation, recognizing that <strong>the</strong> safe and secure<br />

decommissioning of <strong>the</strong>ir first-generation nuclear plants and associated challenges <strong>to</strong> <strong>the</strong>ir energy<br />

sec<strong>to</strong>rs represented significant transitional challenges in line with <strong>the</strong> Bank’s mandate.<br />

The Bank provides its services at cost. It does not charge any fees and makes no profit. Each year, <strong>the</strong><br />

Assembly approves <strong>the</strong> administrative budget for <strong>the</strong> following year, although only costs actually<br />

incurred are charged <strong>to</strong> <strong>the</strong> Funds. Administrative costs of some 23 million EUR for <strong>the</strong> three Funds,<br />

since <strong>the</strong>ir inception, represent around 1 % of available funds (contributions plus interest income).<br />

Cash held by <strong>the</strong> Bank which is not immediately required for project purposes is placed in <strong>the</strong> Bank’s<br />

deposits on <strong>the</strong> basis of guidelines approved by <strong>the</strong> Assembly. Interest income from <strong>the</strong>se<br />

placements is paid back <strong>to</strong> <strong>the</strong> Funds in full. Cumulative income on liquid assets amounts <strong>to</strong> almost<br />

100 million EUR. Net income, minus administrative costs, is <strong>the</strong>refore in <strong>the</strong> order of 75 million EUR.<br />

The operations of <strong>the</strong> Bank as Fund Manager have been <strong>the</strong> subject of a number of external<br />

performance and financial audits, as well as an internal audit, none of which found any serious<br />

performance, system or quality control deficiencies.<br />

Relations between EC and EBRD<br />

The EC and <strong>the</strong> EBRD have been working closely <strong>to</strong>ge<strong>the</strong>r since <strong>the</strong> inception of <strong>the</strong> Funds during <strong>the</strong><br />

accession negotiations with Bulgaria, Lithuania and <strong>the</strong> Slovak Republic. The EC, as by far <strong>the</strong> largest<br />

donor, has chaired <strong>the</strong> Assembly from <strong>the</strong> beginning. The Secretariat obviously has a particular close<br />

working relationship with <strong>the</strong> Chairmen and <strong>the</strong>ir staff. In addition, <strong>the</strong> Bank recognizes <strong>the</strong> particular<br />

role of <strong>the</strong> EC in <strong>the</strong>se Funds, <strong>to</strong> which it provides significant contributions (overall more than 2 billion<br />

EUR <strong>to</strong> date) representing more than 95 % of all contributions.<br />

Bilateral co-operation ranges from informal day-<strong>to</strong>-day exchanges of information <strong>to</strong> formal meetings<br />

of <strong>the</strong> Joint Steering Committees. The Bank keeps <strong>the</strong> EC informed of any relevant developments in<br />

<strong>the</strong> programs, supports <strong>the</strong> EC in its missions <strong>to</strong> <strong>the</strong> recipient countries, and supports any specific<br />

requirements <strong>the</strong> EC may have (reports <strong>to</strong> <strong>the</strong> <strong>European</strong> <strong>Parliament</strong>, audits by <strong>the</strong> <strong>European</strong> Court of<br />

Audi<strong>to</strong>rs, OLAF and o<strong>the</strong>rs). The EC and <strong>the</strong> EBRD hold regular meetings ahead of Assembly meetings<br />

194

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