The aid which the United Kingdom is planning to implement under Measure A of the restructuring plan for British Energy plc (‘British Energy’) notified to the Commission on 7 March 2003, which consists in the undertaking by the United Kingdom Government to fund:

1. (a)

   The payment of liabilities related to the management of spent fuel loaded in British Energy’s nuclear reactors prior to the restructuring plan’s effective date, as long as expenditures related to these liabilities, with the exception of Incremental Historic Liabilities as defined in the Historic Liabilities Funding Agreement between British Energy and the United Kingdom Government, do not exceed 2 185 000 000 GBP in December 2002 value;

   and

2. (b)

   Any shortfall of the Nuclear Liabilities Fund as regards the payment of liabilities related to British Energy’s nuclear assets decommissioning, British Energy’s uncontracted liabilities and the Incremental Historic Liabilities as defined in the Historic Liabilities Funding Agreement between British Energy and the United Kingdom Government,

is compatible with the common market and the objectives of the Euratom Treaty, subject to compliance with the conditions set out in Article 2 to Article 10.